Foerster v. Direito Book Reviews

Foerster v. Direito by Third Appellate District District Court Of Appeal Of California Book Summary

have appealed from a judgment which was rendered pursuant to the verdict of a jury against them in a suit for damages for the death of George Russell Foerster, the son of plaintiff, which occurred as the result of being struck by a truck driven by McDowell on the wrong side of Center Street in the city of Stockton. The deceased, in company with an associate, was standing, under the glare of a street light, on the walk which crossed the highway in Stockton. They were waiting to secure a ride in some passing automobile to Camp Parks near Livermore, where, as United States naval seamen, they were then stationed. The truck approached from behind them, on the wrong side of the street, and struck and killed the deceased. The appellants do not contend that the evidence fails to support the implied finding that the driver of the truck was guilty of negligence, but they seek a reversal of the judgment on two grounds only, namely, that the evidence shows as a matter of law that the deceased was guilty of contributory negligence, and that plaintiffs attorney was guilty of prejudicial misconduct in stating to the court in the presence of the jury that another son of plaintiff, who was a member of the Royal Canadian Air Force, had been recently killed in military service in the war. It is asserted that statement induced the jury to render an excessive verdict on account of sympathy or prejudice. The verdict was for $20,000. On motion for new trial the trial judge reduced the judgment to the sum of $15,000, which was accepted by the plaintiff, and the motion was thereupon denied.

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Foerster v. Direito (Third Appellate District District Court Of Appeal Of California) Book Reviews 2024

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