Opinion

Connor v. Grosso

  • 41 Cal. 2d 229
  • 259 P.2d 435
  • 1953 Cal. LEXIS 267
Court
California Supreme Court
Filed
Jul 7, 1953
Status
Published
Author
Schauer
On the bench
Traynor, Schauer, Carter, Gibson, Shenk, Edmonds, Spence
Cited by
12 cases

The opinion

SCHAUER, J.

I dissent. I take particular exception to the order directing the trial court to enter judgment in favor of Madolyn Grosso. Even if we can properly conclude that the evidence on this record is insufficient to support the *233 .judgment against her we have no right to assume that on a new trial no additional evidence against her could be produced.

It further appears to me to be inaccurate to state in the opinion that “The only issue on which the judgment is not supported by the evidence is the amount of compensatory damages ...” and at the same time to order a new trial on the issue of the amount of compensatory damages as against Paul Grosso while directing a judgment in favor of Madolyn.

In my view, on the state of the record, and on the facts and law stated in the majority opinion, there should be a complete new trial on all issues as to all parties.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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