Middleton v. Post Transportation Co.

McCOMB, J.

From a judgment in favor of defendants after trial before a jury in an action to recover damages resulting from a collision of automobiles, plaintiffs appeal.

The evidence being viewed in the light most favorable to defendants (respondents) the essential facts are:

About 11 p.m., December 7, 1949, plaintiffs, husband and wife, retired in their apartment at the Chace Motel on the northwest corner of Pacific Coast Highway and Pine Avenue in Long Beach. Pacific Coast Highway runs in a general easterly and westerly direction and is 76 feet wide, while Pine Avenue is 50 feet wide and runs in a general southerly and northerly direction.

Immediately after retiring plaintiffs fell asleep and were not awakened until the hereinafter described accident occurred. About 1:30 a. m., December 8, 1949, defendant Ogle was driving a tractor and trailer (owned by the corporate defendant) in a westerly direction on Pacific Coast Highway just east of its intersection with Pine Avenue at a speed of about 25 miles per hour. When his vehicle was 15 to 20 feet into the intersection he noticed an automobile coming from

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his left and driving north on Pine Avenue. This automobile was driving at a high rate of speed, and the driver was intoxicated. The car struck the left rear dual wheels of defendant’s tractor with such force as to flatten out the car, killing the driver thereof and rendering defendant Ogle unconscious. Thereafter the truck crashed into the motel apartment in which plaintiffs were sleeping, causing them serious injuries.

After a jury trial judgment was rendered in favor of defendants.

Questions:

First:

Bid the trial court err, after giving an instruction on the doctrine of res ipsa loquitur and stating that it was applicable to the facts of the case, in giving the fury the following instruction?

“The mere fact that an accident happened, considered alone, does not support an inference that some party, or any party, to this accident was negligent. ’ ’

No.