Lennon v. Woodbury

BARNARD, P. J.

Mrs. Lennon, one of the plaintiffs, was injured on January 29, 1933, while riding as a guest in an automobile owned by the defendant Woodbury and driven by the defendant Beck. On that day the four parties hereto, with three other persons, had gone on a pleasure excursion from their home in Anaheim to a place known as Big Pines Playground, in the San Bernardino Mountains. The party had gone in two cars and on the return trip Beck drove Woodbury’s car in which were also Mrs. Lennon, a Mrs. Bamford, and Beck’s small son, who sat in Mrs. Barn-ford’s lap. They started for home about 3 o’clock in the afternoon and a snow which was then falling changed to rain about the time they reached the Cajon Pass highway and from that time until the accident happened it was

[597]

either raining or drizzling. As they passed through San Bernardino, Beck, by mistake, took a road leading to Red-lands. He discovered his mistake after going about half a mile and turned around and started back toward San Bernardino. Very shortly after he turned around the ear suddenly skidded without warning and went off the road into a ditch, causing the injuries complained of. This action followed and the defendants have appealed from a judgment in favor of the plaintiffs, after the verdict of a jury.

The main question presented is whether the evidence is sufficient to sustain an implied finding of wilful misconduct on the part of the driver of the car within the meaning of section 141% of the California Vehicle Act as amended in 1931. The meaning of the term “wilful misconduct” as used in that section has been well settled.

(Howard

v.

Howard,

132 Cal. App. 124 [22 Pac. (2d) 279];

Walker

v.

Bacon,

132 Cal. App. 625 [23 Pac. (2d) 520];

Turner

v.

Standard Oil Co.,