DORAN v. CITY AND COUNTY OF SAN FRANCISCO

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District Court of Appeal, First District, Division 1, California.

Jeanne DORAN, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, Defendant and Respondent.

Civ. 15816.

Decided: November 05, 1954

Fitz-Gerald Ames, Sr., Jack Werchick, San Francisco, for appellant. Dion R. Holm, City Atty., City and County of San Francisco, Jerome Cohen, Deputy City Atty., San Francisco, for respondent.

Appellant has filed a petition for rehearing requesting that this court modify its opinion to provide additionally that the original judgment in favor of plaintiff be reinstated as of the date of the original entry and that it bear interest from that date. Respondent concedes that our reversal of the order granting new trial has that effect by operation of law. See Bond v. United Railroads of San Francisco, 159 Cal. 270, 287, 113 P. 366, 48 L.R.A., N.S., 687. There is no need to modify the opinion in this respect. The court below, or its clerk, will perform the ministerial duty of computing the interest which has accrued since the date of the entry of the original judgment and include it in the judgment finally entered, as provided by section 1033, Code of Civil Procedure.

The petition for rehearing is denied.

PER CURIAM.