Switzer v. Mullally

SHINN, J.,

pro tem.

Plaintiffs bring this action as the heirs at law of Edward M. Switzer, deceased, to recover damages resulting from his death in an automobile collision. The case was tried by the court. Defendant Don Mullally, Jr., a minor, was sued as the operator of the car which collided with the car in which the decedent was riding as the guest of one Anna Marie Beck. Plaintiffs recovered judgment against Don Mullally, Jr., in the sum of $5,895, and against Don Mullally in the sum of $5,000, the latter being held liable as the signer of the application for the operator’s license of his son, codefendant. Both defendants appealed from the judgment. The points urged for reversal necessitate a brief statement of the circumstances of the accident. The deceased was a carpenter employed by Mrs. Beck; he was riding in her machine which she was driving westerly on Willoughby Street in Los Angeles. Her car came into collision with that of the defendants in the intersection of Willoughby Street and Cahuenga Avenue, the gar of the defendants having entered the intersection from the north. The two automobiles locked, struck the southwest curb of the intersection and separated. Mrs. Beck and the deceased were thrown out of their car; the deceased fell upon the curb or sidewalk at some distance from the car and he did not arise. He was shortly thereafter carried to the receiving hospital in an ambulance; the accident happened at 8:30 A. M. and Mr. Switzer died at 10:45 A. M. of the same day.

Appellants address an extended argument to the point that the evidence did not disclose that death resulted from the injuries received by deceased in the accident. A written report of the surgeon who performed an autopsy upon the body of Mr. Switzer was read into evidence, under a stipulation that it might be so read to avoid the necessity of the personal appearance of the doctor in court. This report showed that the deceased received lacerations in the face and scalp, sustained four broken ribs and a fracture of the skull, which resulted in his death. Appellants now object that

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this written report was hearsay and incompetent and maintain that while they stipulated that it might be read into the record, they did not stipulate that it should be received in evidence. The objection is without merit. The report as read would serve no purpose other than as evidence in the case. The objection that it was hearsay was waived and the report, under the circumstances, constituted satisfactory evidence as to the cause of death. Likewise without merit is the argument that death was not shown to have resulted from the injuries sustained in the accident. It is true that no witnesses testified to the extent of the injuries, the sole evidence thereof being furnished by the autopsy surgeon’s report. The deceased was in sound health before he was thrown out of the ear, was taken to a hospital in a helpless condition, and passed away soon afterward. Not only do the facts give rise to a reasonable inference that the accident was the cause of death, but any other conclusion would be quite unreasonable and illogical.