(DOWNLOAD) "Lande v. Southern California Freight Lines" by District Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Lande v. Southern California Freight Lines
- Author : District Court of Appeal of California
- Release Date : January 05, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Plaintiff recovered a judgment in a court trial against Southern California Freight Lines, and the defendant gave notice of appeal. In due time defendant served and filed a notice stating that it desired to set forth the oral proceedings by a settled statement, in lieu of reporters transcript, under rule 7 (a) of Rules on Appeal. Defendant caused to be prepared a partial transcript of the testimony and served and filed a condensed statement in narrative form of portions of the oral proceedings and also stated the points to be raised on appeal. These points were twenty-one in number, thirteen of which specified insufficiency of the evidence to justify certain findings and that the findings in some particulars were conflicting. Plaintiff gave notice of motion to strike the proposed statement upon the ground that it was a wholly inadequate statement of the evidence material to the points raised on appeal and a sham, but also served and filed proposed amendments to the statement. The motion was based upon an affidavit in which it was stated that the trial had lasted for forty-two actual trial days, spread over a period of many months; that the testimony would cover some 2,000 pages of reporters transcript; that the proposed statement consisted of only seventy-six pages; that it would be necessary, in order to prepare a full, correct and adequate statement, to have transcribed and incorporated, partly in narrative form and partly in question and answer form, testimony of some eighteen or twenty witnesses which was not included in the statement, and that the cost of transcribing said testimony would be approximately $1,250. Plaintiff, by proposed amendments, sought to have incorporated in the statement the testimony of the witnesses referred to in the affidavit.