Yerian v. Linkletter

Citations

• 80 Cal. 135
• 22 P. 70
• 1889 Cal. LEXIS 876

Syllabus

<p>Practice—Order Granting Amendment to Statement not Appealable. — An order granting an amendment to a proposed statement of the case on a motion for a new trial is not appealable.</p> <p>Negligence — Gross Carelessness — Exemplary Damages — Instruction. — In an ac’tion to recover damages for personal injuries caused by the negligence of the defendant in recklessly driving in the street of a city, it is error to instruct the jury that exemplary damages could be given if the defendant was grossly careless. In order to warrant such damages, under section 3294 of the Civil Code, the defendant, in doing the grossly careless act, must have been guilty of oppression! or fraud, or malice, actual or presumed.</p>