Bettencourt v. Oliveria

THOMPSON, J.

The defendant Oliveria has appealed from a judgment of $2,163.50 which was rendered in an automobile casualty case jointly against him and his co-defendant John Carvalho for personal injuries sustained by Virgil Bettencourt, a minor, while riding with the appellant in his truck. A collision of the respective machines which were operated by the two defendants occurred at the intersection of the Crows Landing Road and the River Road in Stanislaus County. The cause was tried by the court sitting without a jury. Both defendants were held to be guilty of gross concurrent negligence. Carvalho has not appealed. The appellant contends the evidence does not support the findings and judgment to the effect that he was guilty of gross negligence.

We are of the opinion the evidence sufficiently supports the findings and judgment that the appellant was guilty of gross negligence which proximately contributed to the injuries sustained by the minor child, Virgil Bettencourt. We may assume he was riding with the appellant as his guest. The evidence is conflicting, but there is substantial proof of the following facts: Crows Landing Road is a main traveled paved highway extending approximately east and west at the point of the accident. The River Road, which was surfaced with gravel, crossed the Crows Landing highway at a right angle at the point where the accident occurred. The appellant lived on the River Road some distance north of its intersection with Crows Landing highway. At 7:30 o’clock P. M. of June 11, 1931, he was driving his Dodge truck southerly along the River Road toward the intersection of that road with the Crows

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Landing highway. Some time before he reached the intersection of these roads, he picked up his young daughter and the plaintiff, Yirgil Bettencourt, a seven year old boy. All three of the occupants of the truck sat in the seat inclosed with a cab which obscured their view to the right or to the left without leaning forward to escape that obstruction. Oliveria was familiar with that intersection of the roadways, and knew the approach to Crows Landing highway was dangerous because there was a “great deal of traffic” thereon. Crows Landing highway is sixty-six feet in width, with a seventeen-foot paved strip along the center thereof. It was practically straight for a long distance on either side of the River Road crossing. There was a four-foot fence and a line of tall weeds paralleling the fence within two feet therefrom, extending along the northerly side of Crows Landing highway on the east side of the River Road.