Trenor v. Central Pacific Railroad

Citations

• 50 Cal. 222
• 1875 Cal. LEXIS 130

Syllabus

<p>Ibbelevant Testimony.—In an action brought by a physician and surgeon to recover for the value of his professional services in attending upon persons wounded in a railroad collision, and placed in a private hospital, evidence op behalf of the defendant, of the usual and customary charge in this State for all necessary medical and other attendance upon patients in hospitals received for treatment for wounds, is irrelevant.</p> <p>Challenge of Juboe fob Actual Bias.—The decision of the Court upon the challenge of a juror for actual bias, if erroneous, is not an error of law, but an erroneous finding of fact.</p> <p>Idem.—Such decision, if not final, and if subject to review, can only be reviewed on the ground that the evidence is insufficient to sustain it, and the Court will not, except in the clearest case, interfere with it.</p> <p>Insufficiency of Evidence to Sustain a Verdict.—If there is some evidence to sustain a verdict, it will not be disturbed on the ground of the insufficiency of the evidence to support it.</p> <p>Several Action on Joint'Oontraot,—If a contract is made with two persons jointly, and one of them sues on it as a several contract with him, the defendant cannot take advantage of the non-joinder of the other party to the contract, unless he pleads it.</p>