Chase v. Thomas

SHINN, J., pro tem.

Plaintiff, a pedestrian, was struck by an automobile owned by defendant John M. Thomas, Jr., and driven by his daughter, Eleanor Thomas. Judgment went against both defendants, from which they appeal. Plaintiff double parked his laundry truck, headed east, on the south side of West 36th Place in the city of Los Angeles. This street is 36 feet wide from curb to curb and cars were parked along the curblines on each side of the street. It appears from the evidence that plaintiff had gone to the rear of his truck, where he took out a laundry bag, closed the doors, and stepped farther into the street toward the north. He testified that he was not more than a foot or 18 inches beyond the fender of his truck at the time he was struck by the automobile, which was traveling east.

Upon this appeal defendants present argument upon two points, the first one being that the finding of negligence on the part of defendant Eleanor Thomas is entirely unsupported by evidence. This contention merits only brief consideration. It was in evidence that defendants’ car was proceeding at a speed of approximately 30 miles per hour when it was within 10 feet of plaintiff, and that it was going

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approximately 25 miles per hour at the time of impact. The testimony also shows that defendants’ car started to skid at a point about a car’s length west of the rear end of plaintiff’s truck and that the skidmarks extended for a distance of 83 feet. The skidmarks indicated that more than one wheel was locked for a distance of 36 feet and one wheel for the total distance of 83 feet. It was for the trial court to determine whether the driver of the car was negligent in maintaining a speed of 30 miles per hour or such speed as would cause the ear to travel 83 feet after the application of brakes with sufficient force to lock all or some of the wheels. When it is considered that the ear was being driven along a narrow street, lined on each side by parked automobiles, we would say that the evidence not only supported the finding of negligence but pointed not at all to any other conclusion.

Appellants’ next point is that respondent was guilty of contributory negligence in that he failed to use ordinary care at the time he stepped from behind his truck. Plaintiff testified that after he took the bag from the car he looked both ways, first one way, then the other; that there were other ears in the road and plenty of them came along, but that he did not see anything close; that when he first saw defendants’ car it was about 16 feet away from him and that it struck him before he had time to get out of the way.