The herald., 1896-03-29
THE SUPREME COURT
Five Opinions Received by the Clerk for
Filing

Five Opinions Received by the Clerk for
Filing
Five supreme court opinions were re-
ceived at the Office of the clerk in this city
for filing.
In the case of Charles Vaughan. plaintiff
and appellant, vs.. William NJ. Knowlton,
ct ST.. defendants, and E. H. McChesney,
respondent, the judgment and order ap
pealed from are reversed and a new trial
10 granted. The opinion is written by
Commissioner Haynes, concurred in by
Commissioners Belcher and Searls. and
affirmed by Justices Mcfarland Temple
and Henshaw. This is an action to quiet
title to the northeast quarter of the north
east quarter of the southwest quarter of
section %. township south. range 10,
west, San Bernardino base and meridian.
At the conclusion of plaintiffs evidence
McChesney's motion for non-suit was
granted, and plaintiff appeals from the
judgment thereon, and from an order de-
nying his motion for new trial.
In the case of the San Diego, Old Town
and Pacific Beach railroad company,
plaintiff and respondent, VS.. the Pacific
Beach company, defendant and appellant,
the judgment and order appealed from ale
affirmed. The opinion is written by Jus
tlce Mcfarland, concurred in by Justices
temple and Henshaw. This is an action
upon two promissory notes made by de-
PENDANT to plaintiff, one for 81 5000 and the
other for $500, the latter being for inter-
est due upon the said first note, judy
ment went for plaintiff, from which. and
from an order denying a new trial, de-
PENDANT appealed.
In the case of John Bullock, respondent,
vs.. Jones Taylor ct al, defendants, and G.
o. Perry, appellant, the appeal is dismiss
ed. The opinion is written by Commits
sioner Britt, concurred in by Commission
ers Belcher and Searls, and affirmed by
A<I ,rIr - 10,
This Is an action for a breach of contract
In writing, which. plaintiff alleged. was ex
ecuted by defendants as copartners; il was
executed in the alleged firm name by de-
PENDANT G. o. Perry. At the trial the court
granted the motion of defendants Taylor
and Godbe for non-suit as to them on the
ground that the instrument sued on was
not their contract, said Perry excepting. A
verdict was returned in favor of plaintiff
and against Perry, ON which judgment
was entered. Perry appealed, but his ho-
tice of appeal was served on plaintiff only,
who contends for a reversal on the ground
that the court erred in granting a non-suit
rs to the other parties and refusing it as to
him.
In the case of Annie L. Sloan ct al, re-
spondents, VS.. the Southern California
Railway company. appellant, the judg-
ment and order denying a new trial was
reversed. unless the plaintiff shall, within
thirty days after the filing OF the remittutur
in the superior court. file with the clerk
and give to the defendant Z stipulation re-
uniting from the judgment the sum of
1900. If such stipulation be SO fled and
delivered the superior court is directed to
amend the judgment in conformity there
with, and thereupon the judgment and Or
der shall stand affirmed The opinion is
written by Justice Harrison, ccncurred in
by Justices Van Fleet and Garoutte. The
plaintiff purchased ticket April s, 1894,
from the agent of the defendant at North
Pomona. for passage from that place TO
San Diego, and OIL the same day took pas
sage upon the regular passenger train of
the defendant. Before reaching San Ber-
nardino the conductor of the train took up
her ticket without giving her any check or
other evidence of her right to be CARRIED
to San Diego, and on arriving at San Ber-
nArdino she was required to change cars
and enter another train of cars of the de-
fendant. After entering this train the con-
ductor in charge thereof demanded of her
her ticket. and upon her stating to him
that she had given it to the conductor of
the other train and the circumstances
Herewith. she was informed by him that
she must either pay her fare or leave the
train. Sbe had no money with her,
and WHEN the train reached East
Riverside she left the car. After
getting of the car she started to walk back
- far - Cotton, upon the railroad track, a
distance Of three miles, but after walking a
portion Of the way secured a seat in q pass
ing vehicle and was carried to Cotton,
where abe spent the night with her sister,
in'law. On the next day, having borrowed
sbmeS money with which to purchase
another ticket, she resumed her passage
and was carried to San Diego. The pres-
ent action was brought to recover damages
sustained by the wrongful acts Of the de-
fondant's agents. The cause was tired BY
= Jury ana : verdict rendered in favor 81
- plaiuti&s tx ths sum Il $1400s fron