Sanal v. Meador

SHINN, P. J.

Plaintiff appeals from a judgment in favor of defendant Meador in an action for damages arising out of an accident in which plaintiff was injured when she was struck by defendant’s automobile as she was crossing Glen-oaks Boulevard at Colgin Court, in the city of Burbank.

The action was first tried to a jury, but after the jury disagreed was submitted to and decided by the trial judge. The court found that defendant was not negligent in the operation of his automobile, and that plaintiff was guilty of contributory negligence. These findings are challenged as being without support in the evidence. It is also contended by plaintiff that the court failed to make its findings upon the most important factual question in the case, namely, whether plaintiff, when she was struck, was in an unmarked crosswalk.

Glenoaks Boulevard, a north and south street, is approximately 60 feet in width. Colgin Court is located on the east side of Glenoaks between Santa Anita Avenue to the north, and Providencia Avenue to the south. It is 15 feet 6 inches in width between curbs and has narrow sidewalks extending along its northerly and southerly lines. There are many small houses, placed side by side, facing the court. Opposite Colgin Court, and extending westerly from Glenoaks, is an alley of the same dimensions as Colgin Court. At about . 5:15 p.m. on the 29th day of October, 1949, plaintiff drove

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her automobile south on Glenoaks and parked it at the west curb just north of the intersection of the alley. At that time there was a single streetcar line on the west half of Glenoaks, the east rail of which was a few feet west of the center line of the boulevard, which center line was marked by one or two white lines. Plaintiff emerged from her car and walked across the westerly half of Glenoaks. She stopped at the center line waiting for the passage of northbound vehicular traffic on the east half of Glenoaks. It was dusk and headlights of the cars were burning, some on low beam and some on high beam. As she was standing near the middle of the street she was struck by defendant’s ear traveling south in the car tracks on Glenoaks. She was knocked to the ground ahead of the car, was rendered unconscious, suffered numerous fractures and other serious injuries. Defendant had previously lost the sight of one eye but otherwise possessed normal vision. The weather was clear and the street was dry. Defendant testified that he did not see plaintiff until he was within two car lengths of her; he was driving 20 or 25 miles an hour with his lights on low beam; other cars were passing him on his right; upon seeing plaintiff he applied his brakes and endeavored to stop, and did stop within a car length after striking plaintiff. Plaintiff testified that she was dressed in a brown blouse and blue jeans, that as she entered Glenoaks she looked to the left, or north, and saw no car approaching south of Santa Anita, 150 feet or more to the north. Having reached the middle of the street she watched for traffic traveling north. She again looked to the north on the west side of the street and for the first time saw defendant’s car which was practically upon her. Before she had an opportunity to escape she was struck.