Shaw v. Robertson

BARNARD, P. J.

The plaintiff Pansy M. Shaw was struck by an automobile driven by the defendant Mrs. J. W. Robertson and this action for damages followed. The accident occurred on Boundary Street near its intersection with El Cajon Avenue, in the city of San Diego. El Cajon Avenue runs east and west and Boundary Street runs approximately north and south. Mrs. Shaw left the curb on the east side of Boundary at a point about forty-two feet south of the south curb line of El Cajon Avenue and walked across the street toward the front end of her husband’s car, which was parked on the west side of that street about fifty feet south of the south curb line of El Cajon Avenue. About the same time Mrs. Robertson, who had been driving west on El Cajon Avenue and who had stopped at the beginning of the intersection, made a left turn and proceeded south on her right-hand side of Boundary. When Mrs. Shaw had arrived within a step or two of the front of her husband’s car she was struck by the right front fender of the other automobile. The-

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court found that Mrs. -Robertson was negligent but also found that Mrs. Shaw was guilty of contributory negligence which proximately contributed to the accident and entered a judgment for the defendants, from which the plaintiffs have appealed.

It is first contended that the evidence is not sufficient to support the court’s finding to the effect that the injured appellant negligently and carelessly walked in front of the automobile and that her negligence and carelessness contributed to the accident.

Mrs. Shaw testified that just as she started to walk across the street she looked toward El Cajon Avenue and saw Mrs. Robertson’s car just coming into Boundary Street at about ten or twelve miles an hour. At another time she testified that she looked toward El Cajon Avenue as she left the curb and saw the car turning at the button and that she looked again when she was half way across the street and saw that ear just coming on to Boundary. She then testified that she did not have very far to go and that “I figured I had a good deal of time to get to my husband’s ear which was across the street. I was in the center of the street then and I kept on walking, then when I was almost to my husband’s car I glanced out of the side of my eye and just as I started to look again the car struck me. ’ ’