Jenkins v. Skelton
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. P. H. Lyman, Judge. STATEMENT OF CASE. Plaintiff-appellee sued the defendant-appellant- to recover damages claimed to have been sustained by reason of the defendant driving his automobile into and against the automobile of the plaintiff on the public highway about seventeen miles out of Parker, Arizona.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. P. H. Lyman, Judge. STATEMENT OF CASE. Plaintiff-appellee sued the defendant-appellant- to recover damages claimed to have been sustained by reason of the defendant driving his automobile into and against the automobile of the plaintiff on the public highway about seventeen miles out of Parker, Arizona. Plaintiff alleged in his complaint, in substance, that he was driving on the highway from Parker, Arizona, ' toward Needles, California, and that defendant was driving from Needles toward Parker; that plaintiff, seeing…
1Opinion of the CourtRoss, J.
The defendant assigns as error, (1) the overruling of his special demurrer; (2) the denial of his application for change of judge; and (3) the denial of his demand for a jury trial, and further, he asserts that the judgment “is largely excessive in that there is no evidence to sustain or warrant the plaintiff’s right to recover the amount of said judgment, but that, on the contrary, the evidence affirmatively shows that plaintiff did not sustain damages in the amount as found.”
The question raised by the special demurrer is one of first impression in this state and, inasmuch as the courts that…
2Cases cited17 opinions
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
- Lamb v. HarbaughCalifornia Supreme Court · 1895
- Brown v. GreerArizona Supreme Court · 1914
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Linthicum v. Nationwide Life InsuranceArizona Supreme Court · 1986
- Edgar T. Weekes v. Atlantic National Ins. Co., California State Auto Association v. Atlantic National Ins. Co., Atlantic National Ins. Co. v. California State Auto AssociationCourt of Appeals for the Ninth Circuit · 1966
- McNelis v. BruceArizona Supreme Court · 1961
- Conkling v. CrosbyArizona Supreme Court · 1925
- Clancey v. McBrideIllinois Supreme Court · 1929
18 more not listed; retrieve them via the Exa API.