Legal Opinion

Darlington v. Basalt Rock Co.

California Court of Appeal

Decided January 31, 1961No. Civ. 18909PublishedCited by 17 opinions

1Opinion of the CourtDraper, J.

Does denial of a motion to vacate an order approving compromise, made after full hearing and affirmed on the merits on appeal, bar a subsequent action in equity, on the same grounds, to set aside the same order of compromise ? That is the question here presented.

On September 26, 1951, when he was 17 years old, plaintiff was a passenger in an automobile driven by another minor in Napa County. That ear collided with a truck of defendant Basalt Rock Company, Inc. Plaintiff suffered severe injuries to his right arm and right foot. The arm was amputated. Thereafter, on December 27, 1951,…

2Cases cited16 opinions

  1. Bacon v. BaconCalifornia Supreme Court · 1907
  2. Lake v. BonyngeCalifornia Supreme Court · 1911
  3. Olwell v. W. L. HopkinsCalifornia Supreme Court · 1946
  4. Pianka v. State of CaliforniaCalifornia Supreme Court · 1956
  5. Jeffords v. YoungCalifornia Court of Appeal · 1929

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
  2. Barker v. HullCalifornia Court of Appeal · 1987
  3. Preston v. Wyoming Pacific Oil Co.California Court of Appeal · 1961
  4. Flood v. SimpsonCalifornia Court of Appeal · 1975
  5. Groves v. PetersonCalifornia Court of Appeal · 2002

12 more not listed; retrieve them via the Exa API.

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