Gilkey v. Crow-Harr Lumber Co.

GRIFFIN, J.—

As a result of an automobile accident the court, sitting without a jury, gave judgment against defendants and appellants Crow-Harr Lumber Company, Inc., and its truck driver employee, Radivoy Subotieh, for $684.54 (subsequently reduced to $614.54 on a motion for new trial).

Defendant driver, according to his testimony as presented in an agreed narrative statement, was operating a truck in a northerly direction on First Street in Fresno at about 20-25 miles per hour around 10 ¡25 a. m. When about 30-40 feet south of the intersection with Huntington Street (which runs east and west and is about 87 feet in width), he saw plaintiff’s ear approaching from the west at a point near the west curb line of First Street extended, “crawling” along. He assumed plaintiff was going to stop and go south, but instead she accelerated her speed and continued straight ahead through the intersection. He saw plaintiff’s face and she was looking straight ahead to the east. When he saw she was not going to stop her car he cramped the wheels of his truck to his right. An impact occurred approximately 25 feet north of the south curb of Huntington Street and near the east curb of First Street. He stated his truck was going at that time between 5-10 miles per hour and that plaintiff’s car was going about 15 miles per hour.

Plaintiff testified she approached the intersection at 15-20 miles per hour, came to a stop at the intersection near the west curb line of First Street; that she looked to her left and then to the right and allowed a southbound car to pass; that at that time, although she looked to the south for two blocks, she saw no northbound traffic approaching; that without looking to the south again she proceeded directly across

[152]

First Street and her car was struck by defendant’s truck near the east curb line of First Street extended. East of First Street Huntington Street has a center parking about 42 feet in width. The record does not indicate that there was a boulevard stop sign in either direction. It is defendants’ position that the evidence conclusively shows that plaintiff was guilty of contributory negligence as a matter of law, citing

Prato

v.

Snyder,

12 Cal.App.2d 88 [55 P.2d