(Download) "Graf V. Harvey" by District Court of Appeal of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Graf V. Harvey
- Author : District Court of Appeal of California
- Release Date : January 11, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is an appeal by defendants George J. Harvey, Cora E. Harvey, Jack Harvey, John H. Stockwell, Sr., and Philip C. Stockwell from an order granting plaintiff's motion for a new trial after verdict and judgment in favor of defendants. Plaintiff Frank Graf, a minor aged five years, was injured March 13, 1944, the claim being made in his behalf that as he was walking in a southerly direction along the westerly sidewalk of Orange Avenue, Long Beach, an automobile was driven southerly on Orange Avenue, and as it was pulled in close to the curb, and before stopped, the right-hand door of the car was opened in such manner that the handle came in contact with the middle of plaintiff's forehead. John H. Stockwell, Jr. was the registered owner of the car; he was overseas in the armed forces and his father, John H. Stockwell, Sr. had custody of the car. Philip C. Stockwell, another son, who was a minor, had been given permission by his father to use the car, upon the condition that it would be driven by Jack Harvey, also a minor, 18 years of age; Jack was driving the car at the time of the accident and Philip was riding with him. The Harvey boy held an operator's license which had been issued to him upon the written agreement of his parents, defendants herein, assuming liability for injuries suffered by their son in the operation of automobiles. Philip did not have an operator's license. Jack Harvey and Philip Stockwell were jointly charged with negligence in the operation of the car. The case has been tried twice. The first trial resulted in a judgment for plaintiff, and a new trial was granted. At the second trial the verdict and judgment were in favor of defendants, and a new trial was granted for insufficiency of the evidence.
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