Seymour v. Wood

53 Cal. 303 | Cal. | 1878

By the Court :

The verdict of the jury is attacked on the ground that the evidence affirmatively established that plaintiff had abandoned the premises in question. Upon looking into the record, we are of opinion that the verdict should have been set aside and a new trial granted on that ground. The abandonment was .clearly established at the trial.

Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.