Agdeppa v. Glougie

FOX, J. pro tem.

Plaintiffs brought this action to recover damages for the death of their infant son, Louis, aged three years and five months. They have appealed from

[465]

a judgment in favor of the defendants rendered by the court sitting without a jury.

The tragedy occurred a few minutes before noon on June 7, 1944, at the intersection of Meta and Oak Streets in the city of Ventura. Meta Street is U. S. Highway 101 and is the main thoroughfare and truck highway through said city. Oak Street intersects Meta Street at right angles. On Meta Street is a crosswalk marked by concrete inserts which are on the prolongations of the sidewalk lines on the east side of Oak Street. Meta Street is divided into six traffic lanes. Defendant Glougie was driving a truck and semitrailer which were owned by defendant Suglio. He was traveling west, at not over twenty miles per hour, on Meta Street, in the second traffic lane from the north curb. When he was between ten and twenty feet east of the crosswalk he first saw Louis as he jumped off the curb on the northeast corner of the intersection. The child ran very rapidly in a southerly direction in attempting to cross Meta Street and join his two companions who had already run diagonally across said street. However, as Louis crossed the second traffic lane he was hit by the truck and killed.

The plaintiffs’ house was located at 336 Front Street in the city of Ventura. This street is parallel to and one block south of Meta Street. The main line of the Southern Pacific Railroad runs down the center of Front Street. The plaintiffs’ home was about one and a half blocks from the scene of the accident; that is, one block south and one half block west. The mother testified that prior to the time of the accident she and her three children, Louis, Jacqueline, aged two years, and Gerald, aged five months, were in their home. The father was uptown. The mother further testified that she and Louis had been playing in the- bedroom. After their play Louis made his exit into the uninclosed back yard. She was unaware of the child’s intentions and made no effort to ascertain the same; nor did she keep track of him or know of his whereabouts. It was necessary for Louis to cross the Southern Pacific tracks and Meta and Oak Streets to get to the scene of the accident. He had been gone from the house about ten minutes when his mother was informed of the accident.