Monday, November 11, 2013

Hudson v. Craft case brief

Hudson v. Craft case brief summary
204 P.2d 1 (Cal. 1949)


CASE SYNOPSIS
Plaintiffs appealed a judgment from the Alameda County Superior Court (California) that sustained defendants' demurrer and dismissed plaintiffs' action for damages for personal injuries sustained in a prize fight, allegedly in violation of Cal. Penal Code § 412.

CASE FACTS

Plaintiffs' complaint alleged that defendants were conducting a carnival where one of the concessions consisted of boxing exhibitions, conducted in violation of Cal. Penal Code § 412 and the Cal. Bus. & Prof. Code, in that defendants did not obtain a license for the boxing bouts, nor conducted the bouts in accordance with the state's regulatory agency. Plaintiff minor was solicited to participate in a boxing match and suffered personal injuries during the bout. In plaintiffs' suit for damages, the trial court sustained defendants' demurrer and dismissed plaintiffs' suit.


DISCUSSION

  • On appeal, the court reversed, holding that plaintiffs' complaint clearly alleged that defendants wholly disregarded the prize fight and boxing regulations, whether found in the statutes or the commission's rules. 
  • Thus, after applying the rule of liberal construction, the complaint sufficiently apprized defendants of the issues to be met in the suit.
CONCLUSION
Judgment reversed; plaintiffs' complaint charging that defendants wholly disregarded the prize fight and boxing regulations, whether found in the statutes or the commission's rules, sufficiently apprized defendants of the issues to be met. Thus, defendants' demurrer was improperly sustained.



Suggested Study Aids For Tort Law

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...