Schubkegel v. Dunn

CRAIL, P. J.

This is an appeal by plaintiffs from a judgment entered upon the verdict of a jury in a case arising out of a motor vehicle collision. It is the contention of the plaintiffs that the court erred in giving certain instructions to the jury and in refusing other instructions and in its conduct and demeanor before the jury during the progress of the trial. It is our duty under the circumstances to examine the evidence in the light most favorable to the defendant.

The accident occurred at the intersection of Twenty-fourth and Catalina Streets between an automobile owned by the defendant and a motorcycle owned and driven by one who is not made a party to the action. The plaintiff, Conrad Schubkegel, was a passenger on the motorcycle. The defendant was driving his automobile in a northerly direction on Catalina Street in the lane of travel 10 feet out or west of the curb on his right, and when he entered the intersection he was going at a speed of 15 or 17 miles per hour. Before reaching the southerly curb line of Twenty-fourth Street, the defendant looked to his left and observed that there was no eastbound vehicular traffic. He then looked to his right and observed a motorcycle upon which plaintiff was riding. The motorcycle was then 70 or 100 feet east of Catalina Street

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and proceeding westerly on Twenty-fourth Street at a speed of 30 miles per hour. The defendant observed nothing about the manner in which the motorcycle was being driven that caused him to drive other than normally across the street, so he continued through the intersection, but another occupant in defendant’s automobile did observe that when the motorcycle was 80 feet east of the intersection both the boys on the motorcycle were laughing, and the driver of the motorcycle had his head turned to the side or south. When the front end of defendant’s automobile was crossing the streetcar rails on the north half of Twenty-fourth Street, the defendant heard quite a noise to his right and again looked right and saw the motorcycle within a few feet away. The defendant immediately applied the brakes and brought his automobile to a complete stop before the impact. The motorcycle swerved to the right or north, and after striking the front bumper and right front fender of the defendant’s automobile came to a stop near the northwest corner of the intersection. There was only one seat on the motorcycle and two persons were riding on said motorcycle. The plaintiff was riding the seat and the owner and driver was forward, riding the gasoline tank. There was introduced into evidence section 80.27 of the Los Angeles Municipal Code, which reads as follows: “Biding on motorcycles and bicycles: The person operating a motorcycle or bicycle shall not ride other than upon the permanent and regular seat attached thereto, nor carry any other person upon such motorcycle or bicycle other than upon a firmly attached seat to the rear of the operator, nor shall any person ride upon a motorcycle or bicycle other than as above authorized.”