Sholar v. Barker

This appeal is taken by defendant from a judgment entered in favor of plaintiff in a wrongful death action following a non jury trial. Findings of fact and conclusions of law were waived and no motion for a new trial was made. Appellant presents only two assignments of error for our consideration: (1) that the evidence does not support the judgment; and (2) that the judgment is excessive in amount.

The second assignment of error deserves no consideration for the reason that it long has been a settled rule in Cali fornia that the point that damages are excessive cannot be raised for the first…