Mehling v. Schield

Defendant appeals from an order granting a motion for new trial in an action for the death of plaintiff’s wife following an automobile-pedestrian accident arising when defendant’s automobile struck the deceased while she was endeavoring to cross a Sacramento city street.

The jury returned a verdict for the defendant. The trial court granted plaintiff’s motion for a new trial and defendant appealed. (Code Civ. Proc., § 963.) Plaintiff has cross-appealed (see 3 Witkin, Cal. Procedure (1954) Attack on Judgment in Trial Court, § 44(e), p. 2096) and contends that: (1) the evidence establishes…