The facts in this case are identical with those in People v. Lensen, ante, p. 336.
Jamison & Wylie, for Appellant.
U. S. Webb, Attorney-General, and J. Chas. Jones, Deputy Attorney-General, for Respondent.
BURNETT, J.-This case is identical in its facts with the case of People v. Lensen, ante, p. 336, [167 Pac. 406], recently decided by this court, and the same points are made upon this appeal for a reversal of the judgment and order denying defendant's motion for a new trial. An extended opinion, therefore, becomes unnecessary. Upon the authority of the Lensen case the judgment and order are reversed.
Chipman, P. J., and Hart, J., concurred.
INSURANCE LAW-ACTION ON ACCIDENT POLICY-CAUSE OF INJURY—
SUFFICIENCY OF EVIDENCE.-In an action to recover on an accident
insurance policy, wherein the insurance company claimed that the
unconscious condition of the insured which followed a fracture of his
hip was due to an operation performed several years previous to
relieve the pressure on the brain due to a former accident, rather
than to the shock and suffering entailed from the fracture, and it
was shown that since the trepanning operation he had never at any
time suffered any ill-effects therefrom, and that at the time of the
accident in question he was mentally and physically sound, a judg-
ment in favor of the plaintiff is justified. (Church v. Fidelity &
Deposit Co., 742.)
ACCOMPLICE. See Criminal Law, 8, 64.
1. SECONDARY EVIDENCE-APPEAL.-Upon an appeal from a judgment
in an action upon an open book account, the appellant cannot insist
that there was no evidence of the account, where the accounts were
in court and the plaintiff read the items therefrom in giving his
testimony, or they were read to him by his attorney, and no objec-
tion was made to the method of proof. (Gille v. Anderson, 237.)
2. ACCOUNT STATED INSUFFICIENCY OF EVIDENCE.-In such an action,
a statement made by the defendant to the effect that he was liable
for part of the bills is insufficient to establish an account stated.
(Id.)
ACTION FOR LEGAL SERVICES INSUFFICIENCY OF EVIDENCE.-In this
action to recover an alleged balance for legal services, it is held
that the evidence fails to sustain the portion of the complaint
which alleged a cause of action upon an account stated, and upon
which the case was submitted for decision. (Jackson v. Brown, 65.)
ACCRETION. See Condemnation of Land, 8.
ADMONITION. See Criminal Law, 32, 33.
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