TICE v. PACIFIC ELECTRIC RY CO (1940)

District Court of Appeal, Second District, Division 2, California.

TICE v. PACIFIC ELECTRIC RY. CO. et al.
HIGGINS et al. v. SAME.

Civ. 12243

Decided: January 05, 1940

Paul Blackwood and Samuel P. Young, both of Los Angeles, for appellants. Frank Karr, E.E. Morris, C.W. Cornell, and O.O. Collins, all of Los Angeles, for respondents.

In their petition for rehearing, the plaintiffs urge this court to set forth in haec verba or in substance the instructions of which they complain. To do this fairly would necessitate the inclusion of the instructions as a whole, which comprises 49 pages of the transcript, and to consider their arguments fully would require a discussion of the authorities cited and the contentions made by plaintiffs with respect to the criticized instructions, which contentions cover some 48 pages of their opening brief. This would extend the opinion unduly.

In People v. Groves, 9 Cal.App.2d 317, 321, 49 P.2d 888, 50 P.2d 813, a similar request was made and in its order denying a rehearing this court set forth at length the reasons why the request should be denied. The reasons given in the Groves case are applicable to the present situation.

The petition for a rehearing is denied.

PER CURIAM.

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