284 P. 943 | Cal. Ct. App. | 1930
This is an action for damages for personal injuries alleged to have been suffered by the plaintiff M.J. Tillery by reason of the alleged negligent operation of an automobile by the defendant. It is also alleged in the complaint that at the time of the accident the plaintiff Tillery was working as a watchman for the Atkinson Merchants' Police and Fire Patrol and that said organization was at the time of the accident insured by the State Compensation Insurance Fund, the other plaintiff herein.
The court awarded the plaintiffs a judgment in the sum of $1750. The defendant appeals. The case has been brought to this court by a bill of exceptions and defendant seeks to review the insufficiency of the evidence to sustain the court's findings of fact.
[1] It is the contention of the respondent that the bill of exceptions does not contain any specifications of the insufficiency of the evidence to support the findings. In this behalf the bill of exceptions reads as follows: "Defendant now specifies as errors of law occurring at the trial and excepted to by defendant, each and every ruling of the court upon the admission or rejection of evidence offered which was unfavorable to defendant as set forth in the foregoing bill of exceptions and defendant specifies that there is no evidence to support any of the findings above mentioned and further specifies that the decision is against *609
law in this, that the findings do not support the judgment." Such specifications have many times been held to be too general in their nature to permit a court to go into that subject. Section 648 of the Code of Civil Procedure provides that the objection must specify the particulars in which the evidence is alleged to be insufficient. In Mills v. Brady,
In the instant case, there being a lack of proper specifications to review the evidence, we may not go into that question.
[2] One other question is presented for determination. Appellant claims that the findings do not support the judgment *610 in favor of the State Compensation Fund in excess of the sum of $144.40. The complaint alleges, in appropriate terms, that the said plaintiff had paid and become obligated to pay its coplaintiff the amount due him for compensation. The court found that said plaintiff had paid to its coplaintiff compensation in the sum of $537.08, and in response to another allegation of the complaint, had paid for X-ray and medical treatment for its coplaintiff the further sum of $144.40. We are of the opinion that the findings do support the judgment. The prayer of the complaint asked for a judgment of $5,144.50. The judgment was in the sum of $1750, and was less than the amount of the judgment which the court was legally entitled to render.
The judgment is affirmed.
Plummer, J., and Finch, P.J., concurred.