Evans v. Mitchell

THE COURT.

An appeal by defendants from the judgment entered against them in an action for damages for personal injuries.

Plaintiff was injured while riding as a guest in a Ford automobile which was being driven south along Cowper Street in Palo Alto. At the intersection of this street with Coleridge Street a collision occurred with a Cadillac automobile which was being driven westerly along the last-named street by Allen G. Mitchell. The latter was a minor, whose application for an operator’s license was signed by Idelle Mitchell, his mother. Plaintiff alleged that

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her injuries were due to defendant driver’s negligence. The defendants contend that the evidence shows that the sole proximate cause thereof was the negligence of the driver of the Ford car, and that the trial court erred in its instructions to the jury and in certain of its rulings.

It appears from the testimony that in approaching the intersection from the east the view to the north was obstructed by several trees and a hedge on the northeast corner of the intersection. The driver of the Ford car testified that she entered the intersection at a speed of fifteen miles an hour, and that she looked to the east as she entered but did not observe the Cadillac car until she had passed the center of Coleridge Street, when her ear was struck on the left rear side. It appears that the impact turned the Ford car almost completely around and forced it upon the sidewalk. The testimony was conflicting as to the speed of the vehicles and their positions relative to the intersection immediately before the collision. It was testified that the Cadillac was stopped within a few feet of the point of impact and did not pass out of the intersection, and also that the Ford continued to travel for a distance of some forty feet.

It is claimed that this testimony renders untenable the contention that the speed of the Cadillac car was excessive. While such was the tendency of this evidence it was not conclusive as the weight to be given the testimony of the witnesses—some of whom were related to or were friends of the defendants—was a question for the jury.

A witness was permitted to testify that the impact of the Cadillac against the Ford pushed the latter car around and against a hedge. It is claimed that the answer was but the opinion of the witness and should have been stricken out. There is no merit in this contention.