Thompson v. Boyer

MARKS, J.

This is a motion to dismiss the appeal or affirm the judgment on the grounds that the appeal is taken for delay and that the questions presented for the decision of this court are so unsubstantial as not to require further argument. The motion is made under section three of rule Y of the Buies for the Supreme Court and District Courts of Appeal.

Bespondent was injured in an automobile accident in Fresno County and recovered a substantial judgment. Appellant has presented two grounds upon which he urges a reversal; first, that the damages awarded are so excessive that they were obviously the result of sympathy for respondent and of passion and prejudice; and, second, that the trial court, at the request of respondent, gave certain prejudicially erroneous instructions which caused the jury to render the excessive verdict.

In the ease of

City of Los Angeles

v.

Los Angeles-Inyo Farms Co.,

126 Cal. App. 61 [14 Pac. (2d) 339, 340], this court announced its understanding of the purpose and application of the rule in question as follows: “Until a different interpretation of the rule is given us, we have concluded that ordinarily we should examine and carefully consider all papers filed on the hearing of the motion and the appellants’ opening brief. If, affer so doing, in the ordinary case, we are satisfied that the appeal is without any merit, the motion should be granted; otherwise, it should be denied. The court may then put the case on the ‘Beady for Submission Docket.’ The following cases have been decided under this new rule:

Dalton

v.

Los Angeles College of Chiropractic, 125

Cal. App. 196 [13 Pac. (2d) 546] ;

Thomas

v.

Caine,

125 Cal. App. 201 [13 Pac. (2d) 548] ;

Sumner

v.

Edmunds,

125 Cal. App. 478 [13 Pac. (2d)

[151]