[DOWNLOAD] "Boynton V. Mckales" by First Appellate District, Division Two District Court Of Appeal Of California * Book PDF Kindle ePub Free
eBook details
- Title: Boynton V. Mckales
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 12, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Charles Boynton, then a minor 20 years of age, was seriously injured when standing at night next to his parked car in the traveled portion of the Great Highway in San Francisco. He was hit by the car of defendant Brooks, who at that time was returning home from a banquet given by his employer, McKales, a corporation, to its senior employees. Charles and his father obtained verdicts against both Brooks and McKales. Brooks had pleaded guilty to a charge of violation of section 501 of the Vehicle Code (illegally causing bodily injury when driving under influence of liquor). McKales' motions for nonsuit, directed verdict and judgment notwithstanding the verdict, based on the contention that Brooks as a matter of law was not acting within the scope of his employment when the injury occurred, were denied. Both defendants moved for a new trial on several grounds, those of defendant Brooks including "newly discovered evidence," those of defendant McKales not. Both motions were granted by one order on the ground of "newly discovered evidence." The plaintiffs' notice of appeal from said order mentions the granting of the motion of defendant Brooks only. Both defendants cross-appealed as will be stated hereinafter. The plaintiff in singular will herein mean the plaintiff Charles Boynton.