California Court of Appeal October 21, 1955, Civ. 21003 (Kalfus v. Fraze)

FOX, J.

This case, an action for personal injuries sustained by plaintiff when struck by an automobile, is presented for appellate review for the second time. In the initial trial, the jury returned a verdict in favor of defendant, following which the judge granted plaintiff’s motion for a new trial on the ground of insufficiency of the evidence to sustain the verdict.