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Full-Text Articles in Law

Gonzi V. Superior Court Of San Francisco, Jesse W. Carter Feb 1959

Gonzi V. Superior Court Of San Francisco, Jesse W. Carter

Jesse Carter Opinions

Court granted writ of mandate directing the trial court to permit plaintiff to have a court reporter to be present when she submitted to a court ordered physical examination by a doctor employed by defendants in a negligence suit.


Courtell V. Mceachen [Dissent], Jesse W. Carter Feb 1959

Courtell V. Mceachen [Dissent], Jesse W. Carter

Jesse Carter Opinions

The evidence supported the theory that a five-year-old minor child was contributorily negligent with respect to her injuries, so it was reversible error to give the jury an instruction that negated the child's contributory negligence.


Hunter V. Mohawk Petroleum Corp. [Dissent], Jesse W. Carter Jan 1959

Hunter V. Mohawk Petroleum Corp. [Dissent], Jesse W. Carter

Jesse Carter Opinions

A California gas station was not liable for personal injury one customer caused to another customer where no evidence showed that the gas station was on notice that the customer was acting, or might act, negligently.


Gomes V. Byrne [Dissent], Jesse W. Carter Jan 1959

Gomes V. Byrne [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because plaintiff assumed the risk that a dog barking at him through a fence would bite him if he entered through the gate of the fence, the dog's owner was not liable for injuries resulting from the dog bite.


Laird V. T. W. Mather, Inc. [Dissent], Jesse W. Carter Nov 1958

Laird V. T. W. Mather, Inc. [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a personal injury action brought by a customer against a department store, the trial court committed reversible error by instructing the jury on the presumption of due care after the customer had testified as to her own acts and conduct.


San Francisco V. Ho Sing, Jesse W. Carter Oct 1958

San Francisco V. Ho Sing, Jesse W. Carter

Jesse Carter Opinions

Municipality had a right to recover indemnity from property owners for the amount it was compelled to pay a pedestrian for injuries received when she fell over a defective skylight in a sidewalk in front of the abutting property owners' premises.


Kollert V. Cundiff [Dissent], Jesse W. Carter Sep 1958

Kollert V. Cundiff [Dissent], Jesse W. Carter

Jesse Carter Opinions

A jury instruction on contributory negligence with respect to an adult passenger was prejudicial where the jury might have believed that the driver's negligence was attributable to the adult riding in the car.


Deshotel V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter Jul 1958

Deshotel V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where the legislature had not changed the common law rule that a wife could not recover for the loss of consortium resulting from her husband's negligent injury, the wife had no claim for such losses against those who caused her husband's injury.


Alarid V. Vanier [Dissent], Jesse W. Carter Jul 1958

Alarid V. Vanier [Dissent], Jesse W. Carter

Jesse Carter Opinions

Although a driver rear-ended another car, there was sufficient evidence for a jury to conclude that the driver took reasonable steps to maintain his brakes, and therefore the driver was able to overcome the statutory presumption of negligence.


Trust V. Arden Farms Co. [Dissent], Jesse W. Carter Apr 1958

Trust V. Arden Farms Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

The doctrine of res ipsa loquitur was not applicable where defendant relinquished all control of the instrumentality that caused the injury and the plaintiff failed to show that its condition did not change since defendant relinquished control.


Vater V. County Of Glenn [Dissent], Jesse W. Carter Mar 1958

Vater V. County Of Glenn [Dissent], Jesse W. Carter

Jesse Carter Opinions

Governmental immunity barred a wrongful death action brought against an irrigation district by an injured party for the deaths of her husband and son, who were killed when they drove into a canal from a bridge that contained no warning devices


Dow V. Holly Mfg. Co., Jesse W. Carter Feb 1958

Dow V. Holly Mfg. Co., Jesse W. Carter

Jesse Carter Opinions

A general contractor was liable for the negligent installation of a defective gas heater by one of its subcontractors, which caused the death of members of a family residing in the home.


Ambriz V. Petrolane, Ltd., Jesse W. Carter Dec 1957

Ambriz V. Petrolane, Ltd., Jesse W. Carter

Jesse Carter Opinions

Parents' wrongful death judgments for deaths of their children due to an explosion in their home was upheld against a gas distributor who was liable for independent contractors it employed to deliver the gas, an abnormally dangerous activity.


Daggett V. Atchison, T. & S. F. R. Co., Jesse W. Carter Jul 1957

Daggett V. Atchison, T. & S. F. R. Co., Jesse W. Carter

Jesse Carter Opinions

Where impeachment evidence regarding the safe speed for operating a train was admissible and railway failed to request a limiting instruction, husband properly recovered for the loss of his wife and two minor children after a collision.


Garibaldi V. Borchers Bros. [Dissent], Jesse W. Carter Apr 1957

Garibaldi V. Borchers Bros. [Dissent], Jesse W. Carter

Jesse Carter Opinions

A trial court did not err in giving an instruction on continuing negligence in conjunction with an instruction on last clear chance, and an instruction on a truck driver's right to assume that a minor would exercise the care of a child his age.


Barrera V. De La Torre [Dissent], Jesse W. Carter Mar 1957

Barrera V. De La Torre [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court did not err in instructing jury that it could not infer driver's negligence from mere happening of accident, even though facts would support giving of res ipsa loquitur instruction; driver's negligence was question of fact for jury.


Taylor V. Hawkinson [Dissent], Jesse W. Carter Feb 1957

Taylor V. Hawkinson [Dissent], Jesse W. Carter

Jesse Carter Opinions

Compromise verdict for passenger, her husband, and driver of husband's car after first trial did not render issue of liability res judicata on retrial, and judgment on liability was not binding upon driver of other car until after he could attack it.


Brandelius V. San Francisco [Dissent], Jesse W. Carter Jan 1957

Brandelius V. San Francisco [Dissent], Jesse W. Carter

Jesse Carter Opinions

City and county were entitled to a new trial in a survivor's wrongful death suit. Evidence that the city's cable car had the last clear chance to avoid the accident at issue in the trial warranted a jury instruction on the last clear chance doctrine.


Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter Dec 1956

Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter

Jesse Carter Opinions

Grant of nonsuit as to doctor was proper because the testimony of patient's adverse parties was clear and uncontradicted to effect he was not responsible for leaving clamp in patient's abdomen and there was no rational ground to disbelieve testimony.


Tucker V. Lombardo [Dissent], Jesse W. Carter Dec 1956

Tucker V. Lombardo [Dissent], Jesse W. Carter

Jesse Carter Opinions

No prejudicial error existed when the jury instructions correctly informed the jury about the shooter's degree of care in firing a gun on a skeet range and informed the jury about contributory negligence and assumption of the risk.


Danner V. Atkins [Dissent], Jesse W. Carter Nov 1956

Danner V. Atkins [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a case involving a truck's unexplained collision with a building, doctrine of res ipsa loquitur did not apply as to truck driver where the truck was under the control of a mechanic rather than of the driver just before the accident.


Panopulos V. Maderis [Dissent], Jesse W. Carter Nov 1956

Panopulos V. Maderis [Dissent], Jesse W. Carter

Jesse Carter Opinions

Passengers who were injured in an accident while they were guests in car, just after the driver stepped out, could not recover for their resulting injuries unless they showed that the driver was intoxicated or engaged in wilful misconduct.


Mccarthy V. Tally, Jesse W. Carter Jun 1956

Mccarthy V. Tally, Jesse W. Carter

Jesse Carter Opinions

To recover liquidated damages, lessor had to prove that damages were extremely difficult of ascertainment at the time the parties entered into lease and that the agreed-upon sum represented a reasonable endeavor to ascertain what damages would be.


Hudson V. Rainville [Dissent], Jesse W. Carter May 1956

Hudson V. Rainville [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a pedestrian's personal injury action, the trial court properly submitted the issue of an automobile driver's negligence to the jury where the evidence presented a question of fact as to that issue.


Simmons V. Rhodes & Jamieson, Ltd. [Dissent], Jesse W. Carter Feb 1956

Simmons V. Rhodes & Jamieson, Ltd. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Grant of nonsuit was affirmed because welder failed to demonstrate that company that sold him cement breached implied warranty of fitness for particular purpose. Cement was fit for purpose for which it was used, and company was not negligent.


Rogers V. Los Angeles Transit Lines, Jesse W. Carter Oct 1955

Rogers V. Los Angeles Transit Lines, Jesse W. Carter

Jesse Carter Opinions

Passenger who was injured when the bus in which he was riding passed too close to the open door on a truck was not contributory negligent, nor had he assumed a risk of injury, when he had his elbow resting in the bus window.


Cole V. Rush [Dissent], Jesse W. Carter Oct 1955

Cole V. Rush [Dissent], Jesse W. Carter

Jesse Carter Opinions

Under common law, as to competent person, it was voluntary consumption, not sale, of intoxicating liquor that was proximate cause of injury from its use, and contributory negligence of decedent barred widow's recovery in wrongful death action.


Kornoff V. Kingsburg Cotton Oil Co., Jesse W. Carter Oct 1955

Kornoff V. Kingsburg Cotton Oil Co., Jesse W. Carter

Jesse Carter Opinions

Landowners were entitled to future damages in a permanent trespass action against a neighboring cotton gin company that created waste six months a year that was emitted into the atmosphere and damaged the neighboring landowners' property.


Hilyar V. Union Ice Co., Jesse W. Carter Jul 1955

Hilyar V. Union Ice Co., Jesse W. Carter

Jesse Carter Opinions

Nonsuit as to driver was improper in injured minor's personal injury action because evidence was sufficient on negligence issue to permit submission to jury but nonsuit was proper as to corporation because evidence of agency was insufficient.


Snyder V. Southern California Edison Co., Jesse W. Carter Jul 1955

Snyder V. Southern California Edison Co., Jesse W. Carter

Jesse Carter Opinions

Based on the duties imposed upon the utility company by statute and Public Utilities Commission, it was liable for the failure of the independent contractor to perform its duties, thereby causing injuries to two of the contractor's employees.