Bradford v. Maullin (24 Cal. App. 2d 687, 1938)

McCOMB, J.

This is a motion to dismiss the appeal from a judgment in favor of respondent for the sum of $1500 after trial by the court without a jury. The motion is made in accordance with the. provisions of section 3, rule V, Rules for the Supreme Court and District Courts of Appeal of the State of California, which reads in part as follows:

“At any time after the filing of the opening brief of an appellant in a civil action, the respondent may, upon due notice, move for a dismissal of the appeal or an affirmance of the judgment or order on the ground that the appeal was taken for delay only or that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument. ...” (213 Cal. xliii.)

Viewing the evidence most favorable to plaintiff, the material facts are these:

Diagram of the Intersection Where the Accident Hereinafter Described Occurred.

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