Due v. Swartz

22 Cal.App.2d 217 (1937)

ROSE M. DUE, Respondent,

v.

WILLIAM LOUIS SWARTZ, Appellant.

Civ. No. 11431.

California Court of Appeals. Second Appellate District, Division Two.

July 30, 1937.

Schell & Delamer for Appellant.

Reginald I. Bauder for Respondent.

McComb, J.

This appeal is from a judgment in favor of plaintiff after trial before the court without a jury in an action to recover damages for personal injuries.

Viewing the evidence most favorable to plaintiff (Patten & Davies Lbr. Co. v. McConville, 219 Cal. 161, 164 [25 PaCal.2d 429]), the facts in the instant case are:

June 4, 1936, about 11:30 P.…