(DOWNLOAD) "Bruce V. Ullery" by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Bruce V. Ullery
- Author : Supreme Court Of California
- Release Date : January 09, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
To hold that the so-called deadman's statute (Code Civ. Proc., § 1880, subd. 3) prevents a cross-defendant from testifying as to facts preceding the death of a cross-complainant in a case in which the estate presses the cross-complaint would be to permit the use of the statute as a weapon of aggression rather than protection and to give it application beyond that of the precedents. As we point out in more detail infra, we hold that in this action of plaintiffs for injuries incurred in an intersection automobile collision the trial court erred in applying the statute to foreclose cross-defendant from so defending against the estate's cross-complaint for injuries to decedent and for property damages. We find no merit, however, in two further alleged grounds for appeal: that the evidence did not sufficiently support the verdict and that the court erred in its instruction that plaintiff wife at the time of the accident operated the vehicle with her husband's permission.
 "Bruce V. Ullery" by Supreme Court Of California ~ Book PDF Kindle ePub Free){kind=link}