Dieterle v. Yellow Cab Co.

THE COURT.

In the evening of December 9, 1937, plaintiffs were passengers in a taxicab driven by defendant Nave and owned by defendant corporation, which collided with a Plymouth automobile driven by defendant La Force. They seek to recover damages for injuries received in the collision. Defendant Agnes Whelan was made a defendant under allegations that she was the owner of the Plymouth ear. When both sides rested the trial court granted a motion for a directed verdict as to defendant Nave and the taxicab company. The jury returned verdicts in favor of defendant Whelan and against defendant La Force in the sums of $13,922.67 for plaintiff William Dieterle, $13,875.86 for plaintiff Charlotte Dieterle, $1556.17 for plaintiff Hagenbruch and $570 for plaintiff Zeisler. Plaintiffs have appealed from the judgments in favor of defendants Whelan, Nave and the taxicab company. The briefs contain no arguments as to the appeal from the judgment in favor of defendant Whelan and therefore it will not be discussed herein.

The power of the trial court to direct a verdict is limited and has been well defined. It may direct a verdict only when, disregarding conflicting evidence and giving plaintiffs’ evidence all the value to which it is legally entitled, and indulging every legitimate inference which may be drawn therefrom, no evidence of sufficient substantiality to support a verdict in favor of plaintiffs, if given, may be found.

(Mairo

v.

Yellow Cab Co., 208

Cal. 350 [281 Pac. 66].) Although the evidence was conflicting and would doubtless have supported a verdict in favor of Nave if the jury had rendered

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such a verdict upon proper instructions of the court, we must, nevertheless, in view of the nature of this appeal and in accordance with the rule above set forth, consider the evidence in the light most favorable to plaintiffs.

The accident occurred at about 8 o’clock in the evening at the intersection of Beverly Boulevard and Lucerne Street in the city of Los Angeles. A drizzling rain was falling and the surface of the street was wet. The night was dark but the street was lighted. Beverly Boulevard is what is known as a “through street”. A stop sign had been placed at the intersection requiring cars approaching Beverly Boulevard from Lucerne Street to stop before entering the intersection. Defendant Nave was driving the taxicab in an easterly direction on Beverly Boulevard and defendant La Force was driving the Plymouth car in a northerly direction on Lucerne Street. The collision occurred in the southeasterly quarter of the intersection, about midway between the northerly and southerly lines of the quarter of the intersection and about six or eight feet from its easterly line. The taxicab was struck on its right rear side. Defendant La Force testified that he made a complete boulevard stop and as he was making the stop the taxicab was approximately 100 feet west of the westerly line of the intersection. Thereupon La Force, according to his testimony, proceeded in low gear into the intersection driving at from eight to ten miles per hour. While the Plymouth was standing still the taxicab traveled about forty feet and when the Plymouth was put in motion the taxicab was from fifty to sixty feet from the intersection. La Force estimated the speed at which the taxicab was traveling at from 30 to 35 miles per hour. Defendant Nave testified that when he approached the intersection at 20 miles per hour he slowed his car slightly for a " dip ’ ’ and went straight across the intersection without applying his brakes; that his right window was down and that he could see the Plymouth car; that he did in fact keep his eyes upon the Plymouth car as he crossed the intersection except for a second; that the Plymouth car was back of the stop signal when he, Nave, was in the intersection. Other witnesses testified that the Plymouth car did not make the required boulevard stop.