Hickson v. Beitel

McCOMB, J.—

This appeal is from a judgment in favor of plaintiffs after trial before a jury in an action to recover damages for personal injuries suffered by two minor children while riding as guest passengers in an automobile driven by their mother which came into collision with an automobile owned by defendants.

Fads:

The mother of plaintiffs was driving north next to the double center line on Atlantic Avenue in Compton approaching the intersection with San Vicente Street. Atlantic Avenue is a main through street 70 feet in width with marked lanes indicated by a painted double white center line and single broken lines to either side. The four lanes were of concrete paving, each approximately 10 feet in width. San Vicente, running east and west, was paved with “black top” and was 40 feet in width.

As Mrs. Hickson approached the intersection she slowed down to approximately 25 miles an hour. When about 300 feet south of the intersection she commenced to signal for a left turn by holding out her left arm. This signal she continued until she reached the corner. At this time she observed defendants’ car southbound in the lane just west of the double center line. There was an automobile stopped at the intersection in the southbound lane. As Mrs. Hickson crossed over the double white line defendants, driving at about 55 miles per hour, swerved around the stopped southbound car and struck Mrs. Hickson’s automobile causing personal injuries to the minor plaintiffs.

[393]

Questions-.

First:

Was there substantial evidence to support the jury’s implied finding that defendants were negligent and that such negligence was a proximate cause of the accident?

Yes.

The evidence being viewed in the light most favorable to respondents discloses that defendant Jimmie Beitel, while driving in traffic at a speed of from 55 to 60 miles an hour, swerved around a car stopped at the intersection and hit the car driven by Mrs. Hickson which was already in the intersection.

Clearly such evidence supports the finding of the jury that defendants were negligent and that their negligence was the proximate cause of the accident.