(DOWNLOAD) "Whitfield v. Flaherty" by Fourth Appellate District District Court Of Appeal Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Whitfield v. Flaherty
- Author : Fourth Appellate District District Court Of Appeal Of California
- Release Date : January 29, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In this action for damages for personal injuries allegedly sustained by plaintiff as a result of a fall on a stairway on defendants premises, defendant appeals from the judgment entered after a jury verdict awarding plaintiff damages in the amount of $1,000, from the order denying defendants motion for a judgment notwithstanding the verdict, and from the order granting plaintiffs motion for a new trial on the sole ground of inadequacy of damages. In her brief defendant states that she is also appealing from the order allowing costs. Both parties have argued the propriety of this order in their respective briefs. The record discloses that no appeal was taken from this order. Since the judgment rendered in the instant case was one which could have been rendered in a court of inferior jurisdiction, plaintiff was not entitled to costs unless the trial judge in his discretion so ordered. (Code Civ. Proc., § 1032, subd. (d); Sweet v. Johnson, 169 Cal. App. 2d 630, 633-634 [337 P.2d 499].) The order for costs in the instant case was made pursuant to a motion made after the judgment. Accordingly, it was a special order after judgment and as such was appealable. (Code Civ. Proc., § 963, subd. 2; see Smallpage v. Turlock Irrigation Dist., 26 Cal. App. 2d 538, 541 [79 P.2d 752]; Oak Grove School Dist. v. City Title Ins. Co., 217 Cal. App. 2d 678, 710-711 [32 Cal. Rptr. 288].) Since the notice of appeal limits the power of the reviewing court, an order from which an appeal has not been taken will not be reviewed.
 "Whitfield v. Flaherty" by Fourth Appellate District District Court Of Appeal Of California # eBook PDF Kindle ePub Free){kind=link}