Brown v. Beck

California Court of Appeal

Decided September 19, 1923

California Court of Appeal · decided 1923-09-19

Relies on Melone v. Sierra Ry. Co. of Cal. · Wiley v. Young · 42 Cal. App. 474 - Saylor v. Taylor

Good law ✅— No negative treatment on recordhow we know

Decided 1923-09-19

How this case has been cited

Cited by 26 later decisions — most recently June 1973 · most notably 27 Cal. 2d 716 - Heaton v. Kerlan (1946), S. S. Kresge Co. v. Kenney (1936)

2 district · 24 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1In the petition for transfer to this court petitioner does not complain of the giving of the instructions set out in the opinion of the district court of appeal, but contends that the verdict is excessive and that the death was not proximately caused by the injury.

¶2These points are satisfactorily determined by the district court of appeal and that court also correctly answers the *700 objections made by petitioner to the instructions set out in that opinion.

¶3We do not wish, however, to be understood as approving those instructions. The measure of damages for injuries to result in the future is well settled. (See sec. 3283, Civ. Code; also,Saylor v. Taylor,42 Cal.App. 474 [183 P. 843]; Melone v.Sierra Ry. Co.,151 Cal. 113 [91 P. 522]; Walker v. SouthernPac. Co.,162 Cal. 121 [121 P. 369]; Wiley v. Young,178 Cal. 681 [174 P. 316]; Richman v. San Francisco etc. Ry.,180 Cal. 454 [181 P. 769].)

¶4The petition is denied.