[DOWNLOAD] "Jordan V. Guerra" by Supreme Court Of California In Bank # Book PDF Kindle ePub Free

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eBook details

• Title: Jordan V. Guerra
• Author : Supreme Court Of California In Bank
• Release Date : January 23, 1943
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

SHENK, J. The plaintiff sued for damages for the alleged wrongful death of his fourteen months old son who was run over by an automobile driven by the defendant. The defendant answered, denying the allegations of negligence, alleging contributory negligence of the mother, and pleading releases executed by the plaintiff. The plaintiff did not file an affidavit denying the genuineness and due execution of the pleaded instruments and the only issue in respect thereto was the question of their invalidity by reason of fraud. Pursuant to section 597 of the Code of Civil Procedure, and the motion of the defendant, the issues raised by the defense pleading the releases were first tried. Those issues were submitted to a jury which returned a verdict for the plaintiff. Judgment was entered declaring the releases ineffective as a bar to the action. The trial then proceeded before a different jury on the issues of negligence and contributory negligence. That jury returned a verdict for the plaintiff in the sum of

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