Leeper v. Nelson

ASHBURN, J.

Defendant Nelson appeals from a judgment for $1,060.97 rendered in favor of both plaintiffs, Harrison D. Leeper and Gaynell Leeper, after a nonjury trial. Findings were waived.

Appellant challenges the sufficiency of the evidence. In such ease, “The appellate court’s function begins and ends with a determination as to whether or not there is any substantial evidence which will support the findings of the trier of fact.”

(Guardianship of Kentera,

41 Cal.2d 639, 645 [262 P.2d 317].) The evidence must be viewed most favorably to the judge’s implied findings

(Estate of Reed,

132 Cal.App.2d 732, 734 [285 P.2d 935] ;

Murphy

v.

Ablow,

123 Cal.App.2d 853, 858 [268 P.2d 80]).

So construing the evidence, it appears that the plaintiffs, husband and wife, were driving westerly on Florence Avenue in the city of Los Angeles, on November 18, 1951, and nearing its intersection with Avalon Boulevard (a north and south street); immediately before the accident in question plaintiff husband was driving at about 25 miles an hour; when they were a short distance from the intersection the automatic traffic signal turned green for them; Mr. Leeper put out his hand giving a left turn signal, entered the intersection on the green light, and when within the intersection began the left turn, having reduced his speed to about five miles an hour; to his left he and his wife saw defendant’s car, northbound, entering the crosswalk on the south side of Florence Avenue at a speed of about 25 miles an hour; defendant came straight ahead with no reduction in speed and struck plaintiffs’ car at the left front door, knocking it into another westbound ear which was north of plaintiffs’ in the adjoining lane. Defendant did not see plaintiffs’ ear at any time before he hit it, although it was then at the center of the intersection. Defendant said it appeared “out of nowhere” and too late for him to do anything but hit it.

Defendant’s attempted justification for his conduct is that the green light of the automatic signal on the southeast corner was stuck and “said go” and that it stayed green and he followed this direction and the accident was inevitable. There were automatic signals on all four corners. He did not look at the one on the northwest corner, which was working prop