Wheeler v. Brown

STUBTEVANT, J.

On the evening of November 23, 1935, after attending the football game between Stanford University and the University of California, the parties hereinafter named were driving north on the Bayshore Highway between Palo Alto and Bedwood City. David Wheeler was driving a Chevrolet coupé. Miss Margaret Martin was seated at his right, Bichard Wheeler, his brother, was seated on the extreme righthand side, Mrs. Snyder, -formerly Miss Laura Colby, was seated in his lap. As they drove up the coast an automobile accident occurred and as a result of the collision Bichard Wheeler was killed and his mother commenced this action to recover damages.

At the place of the accident the highway is divided into four lanes. Down the middle of the highway extends a double white line. Traveling from south toward the north the first righthand lane is known as the fast lane, the second is known as the slow lane, and still to the right is a ten foot shoulder. The first lefthand lane is known as the fast lane, the second is known as the slow lane, and farther to the left is a ten foot shoulder. In places the traffic was heavy, in other places it was not. The Wheeler car was, as stated above, a Chevrolet coupé. As it proceeded in the fast lane it overtook and bumped the right rear end of a Buick car occupied by Mr. and Mrs. Batelle. The impact caused the Chevrolet car to come to a full stop. It also caused an interlocking of its front bumper with the rear bumper on the Buick. The evidence discloses that Mr. Batelle, David Wheeler, and Bichard Wheeler got out of their respective cars, unfastened the interlocking above mentioned, moved the Buick car five or six feet forward, and both David and Bichard attempted to move the Chevrolet. The motor would run but the car could not be moved forward or backward. The evidence discloses that David Wheeler at times moved all

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around the Chevrolet car, at another time he entered the car, attempted to move it, failed in the attempt, and again stepped out of the car on the lefthand side. The evidence also discloses that at one time both Mr. and Mrs. Batelle and Bichard Wheeler were standing on the lefthand side of the Chevrolet near its lefthand door and a few feet back of the rear end of the Buick. While they were in that position Mr. and Mrs. Frank Brown drove their Buick car from south to north. They had been traveling in the slow lane but as they approached the rear end of the Chevrolet Mrs. Brown swerved her car to the left, passed the Chevrolet on its lefthand side, brushed it as she did so, continued forward and knocked down Bichard Wheeler, Mr. Batelle, and Mrs. Batelle. From the injury received by being knocked down Bichard Wheeler died.