(Download) "Reuther V. Viall" by Supreme Court Of California In Bank " Book PDF Kindle ePub Free
eBook details
- Title: Reuther V. Viall
- Author : Supreme Court Of California In Bank
- Release Date : January 15, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
BURKE, J. In this personal injury action plaintiffs, Mr. and Mrs. Reuther and their two minor children by their guardian ad litem, recovered judgment on a special jury verdict finding wilful misconduct by defendant automobile driver, Mary L. Viall. Plaintiffs appeal from an order granting defendant a new trial, and defendant appeals from an order denying her motion for judgment notwithstanding the verdict. (See Code Civ. Proc., § 629.) Upon the evidence adduced the issue of wilful misconduct is one of fact rather than of law. There was a sufficient showing from which the jury reasonably could have arrived at the conclusion that defendant's actions constituted wilful misconduct; therefore, the trial court's order denying defendant's motion for judgment notwithstanding the verdict was proper.