Lucas v. Hesperia Golf & Country Club

This is an action for wrongful death of a 14-year-old boy who died by drowning in a swimming pool maintained by defendant. The jury returned a verdict in favor of plaintiffs, but the court granted defendant’s motion for a judgment notwithstanding the verdict and alternative^ ordered a new trial on the ground of the insufficiency of the evidence to support the verdict. Plaintiffs appeal from the judgment and order granting new trial.

In passing upon the propriety of an order granting a judgment for defendant notwithstanding the verdict, we must apply the familiar rule that the power of the…