Driscoll v. Shipp

McCOMB, J.,

pro

tem.

These are appeals consolidated by consent of all parties from judgments for the defendant after trial by a jury in actions to recover damages for the wrong

[593]

ful death of plaintiff’s son, John J. Driscoll, Jr., and for personal injuries to plaintiff’s son, David A. Driscoll.

Viewing the evidence most favorable to the defendant

(Ah Gett

v.

Carr,

3 Cal. App. 47, 48 [84 Pac. 458]), the facts in the instant cases are:

Where San Vicente Boulevard and Cochran Avenue cross in the city of Los Angeles the intersection consists of two roadways along San Vicente Boulevard, each roadway being approximately 40 feet wide and being separated by the right of way of the Pacific Electric Railway, which is approximately 50 feet in width. At this point San Vicente Boulevard is intersected by Cochran Avenue at almost right angles, Cochran Avenue running northerly and southerly and being about 40 feet wide. The south roadway of San Vicente Boulevard extends through and across Cochran Avenue, con.tinuing westerly. The north roadway of San Vicente Boulevard does not extend beyond Cochran Avenue but stops at the westerly side of the avenue.

December 10, 1933, defendant drove his automobile in a southerly direction on Cochran Avenue where it intersects with San Vicente Boulevard at a speed of approximately 15 miles per hour. After defendant entered the intersection an automobile operated by John J. Driscoll, Jr., traveling on the south roadway of San Vicente, entered the crossing at a speed of approximately 45 miles per hour. A collision ensued, resulting in the death of John J. Driscoll, Jr., and injuries to David A. Driscoll, who was riding in the same ear with his brother, the deceased.

Plaintiffs rely for reversal of the judgment on the following propositions:

First: The evidence is insufficient to support the findings of fact upon which the verdicts were necessarily predicated.