Lundgren v. Converse

WOOD, Acting P. J.

This litigation arose from an automobile accident which occurred at the intersection of Santa Anita Avenue and Blanche Street in the city of Pasadena on the 23d day of December, 1937, at about 5:30 P. M. Respondent, Charles J. Lundgren, accompanied by his wife, was driving in a westerly direction on Blanche Street. Appellant Hazel M. Converse was driving her automobile in a southerly direction on Santa Anita Avenue and was accompanied by appellants Gertrude M. Converse and Flora Converse as well as by two other persons not parties to the litigation.

At the time of the accident it was dark and the headlights of both cars were lit. Respondent was operating his car in the north half of Blanche Street about three feet from the north curb line. Appellant Hazel M. Converse was operating her ear in the west half of Santa Anita Avenue. The right front portion of respondent’s car struck the left front fender and wheel of appellant’s car. The point of impact was west of the center line of Santa Anita Avenue and north of the center line of Blanche Street. Respondent was driving at a speed of not more than 8 miles per hour. Appellant Hazel Converse was driving at a speed variously estimated at between 15 and 40 miles per hour. Each driver testified that he did not see the other prior to the accident.

Respondent commenced this action to recover for his personal injuries and for the wrongful death of his wife as a result of the accident. Appellants Gertrude M. Converse and Flora Converse commenced a separate action against respondent to recover for their personal injuries. The actions were consolidated and tried before a jury which returned all the verdicts in favor of respondent and the judgments from which these appeals are taken were rendered thereon.

Appellants contend that respondent was guilty of negligence as a matter of law in entering the intersection in the manner shown by the evidence. The record discloses that respondent’s vision north of 80 feet along Santa Anita Avenue was obstructed by a wall which was built around the property on the northeast corner of the intersection. Re

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spondent testified that as he approached the intersection he slowed down to a speed of about eight miles per hour, at which speed he was traveling at the time of the accident; that he looked once to the left and twice to the right after reaching the east sidewalk line of Santa Anita Avenue; that he could see for a distance of about 80 feet north of the intersection but did not see any automobile approaching the intersection on Santa Anita Avenue. There were two “dips” in the street ahead of him, one on each side of the intersection. Appellant Hazel M. Converse testified that she did not remember looking either to the right or to the left as she entered the intersection and that she did not see respondent’s car until after the collision. The situation presented with respect to respondent is not, as contended by appellants, one where a person entirely fails to look and in fact takes no precaution whatever for his own safety in crossing an intersection. The question of negligence under such circumstances would be for the court to determine as a matter of law.