Podeszwa v. White

WILSON, J.

Plaintiff, the mother of decedent Mary Patricia White, brought this action for the wrongful death of her daughter, who was riding as a guest passenger in a car driven by one Maxwell. The ease was tried before the court without a jury. Judgment was rendered in favor of plaintiff and defendants have appealed.

Orangethorpe Avenue is a through highway extending easterly and westerly; it is paved to a width of between 35 and 40 feet. Hansen Road is a 20-foot two-lane highway extending northerly and southerly, crossing Orangethorpe at right angles. There are no signs limiting speed of vehicular traffic on Orangethorpe. Boulevard stop signs protecting Orangethorpe traffic are located on Hansen Road at the southeast and northwest corners of the intersection, the former being approximately 12 feet south of the south edge of the Orangethorpe pavement. The area was “open country,” Orangethorpe being a 55-milé zone. Approximately 80 feet south of Orangethorpe on the west side of Hansen was a house which was set back 20 to 30 feet west of the west edge of Hansen. At the time of the accident there were no obstructions between the two cars involved. The dwelling house did not prevent defendant driver from seeing the other car involved in the accident.

The weather was clear. Defendant White was traveling easterly on Orangethorpe at a speed of approximately 40 to 45 miles an hour. He was on a through highway which he knew was protected at Hansen Road by boulevard stop signs.

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There was no traffic behind or in front of him, the only vehicles in the vicinity being the two that subsequently collided.

Defendant was driving a two-ton Ford truck and decedent was a passenger in a Ford coupé. The only description of the accident was given by defendant White whose evidence was produced by deposition. He testified that he first saw the northbound Ford coupé as it came past the house on Hansen Eoad. At that time he was about 300 feet west of Hansen. He looked both ways and saw no other vehicle and turned his attention back to the eoupé. When he first saw the latter it appeared to be traveling 15 to 20 miles an hour and slowed down to 5 or 10 miles an hour as it approached the boulevard stop sign. It appeared to White that the coupé would stop and he therefore continued to travel at the same speed and had almost reached the westerly edge of Hansen when the coupé, having failed to stop at the line of Orangethorpe, came into the intersection. White applied his brakes immediately but they did not take hold until just about the instant of the impact, which was east of the center line of Hansen.