Dougherty v. Ward
Citations
- 89 Cal. 81
- 26 P. 638
- 1890 Cal. LEXIS 1085
Syllabus
<p>Construction or Findings — Frivolous Appeal — Damages.— A finding “ that plaintiff is entitled to judgment that plaintiff take nothing by this action,” but that defendants “have judgment against plaintiff for their costs herein,” clearly expresses the meaning that plaintiff should take nothing, and that defendants should have judgment against him; and where the only point made on appeal is that the findings do not support the judgment, because the court finds as a conclusion of law “ that plaintiff is entitled to judgment,” while judgment is rendered for the defendants, the judgment will be affirmed, with damages.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, where a plaintiff was injured by laundering the clothing of a third party who had worked with a manufacturer’s asbestos-laden water pipes, the manufacturer’s design duty under Georgia decisional law extended to the plaintiff
- concluding that, where a plaintiff was injured by laundering the clothing of a third party who had worked with a manufacturer’s asbestos-laden water pipes, the manufacturer’s design duty under Georgia decisional law extended to the plaintiff
- stating that duty to warn has been extended in some cases to reasonably foreseeable third parties
- “It is not difficult to envision that, while some workers might have taken steps to protect or warn family members or other individuals with whom they came in contact, other workers might not have taken such steps”
- causation is element of negligence claim
Source: CourtListener parenthetical corpus (CC0).
Judges: McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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