Squiar v. McLean

STEPHENS, P. J.

By the first amended complaint filed in the lower court, plaintiff Edith Squiar (hereinafter re

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ferred to as appellant) and W. A. Squiar, her husband, brought suit against the defendant Robert B. McLean (hereinafter referred to as respondent) and one Oscar Johnson, claiming damages by reason of injuries sustained by her in a collision between a car driven by respondent in which appellant was riding as a guest and a ear driven by said Johnson. Defendant Johnson was not served with process and at the trial was dismissed from the action.

The appellant testified at the trial that the collision occurred at Stanley and Saturn Streets in the city of Los Angeles at about 9 o’clock P. M. May 18, 1932; that she at that time was riding as a guest in the automobile of respondent; that respondent was driving the car; that they proceeded easterly on Saturn Street approaching the intersection with Stanley Street at a speed of about 25 miles an hour and that was the approximate rate of speed at which the ear had been operated from the time she entered same; that just before reaching the intersection she noticed another' car (the one driven by Oscar Johnson) south of the intersection going north on Stanley; that as near as she could judge respondent’s car was about three car lengths from the intersection; that when respondent’s car was about three car lengths west from the intersection she noticed the other ear (driven by Oscar Johnson); that she could not exactly tell how far away the other car was but “it was farther than we were, I could tell that much, but I couldn’t say just how far it would be”; that as she saw the other car approaching the intersection she said “look out” and testified she thought it was going about 40 miles an hour; that respondent did not do anything and did not apply the brakes and continued on into the intersection at approximately the same rate of speed; that she had barely said “look out” when the collision occurred in the intersection, the exact part of which she could not state, and that respondent’s car was turned over resulting in injuries to her; that there was nothing unusual about the manner in which respondent drove his ear or about the speed at which he drove the car which attracted her attention; that she did not pay any particular attention to the speed or the manner in which the car was being driven; that the accident occurred very suddenly; that after she saw the other car it was a matter of a few seconds.