Ramos v. Linggi

[633]

McMURRAY, J. pro tem.

*

Plaintiffs Mr. and Mrs. Ramos, husband and wife, appeal from a judgment after verdict rendered for defendants. The action was consolidated for trial with one brought by Mr. Gastello, the brother, and, at the time of an automobile collision, the guest of Mrs. Ramos. The jury returned a verdict in favor of Mr. Gastello against all defendants but against Mr. and Mrs. Ramos.

On January 3, 1951, Mrs. Ramos was the driver of an automobile proceeding south in the southbound lane, on Lawrence Road, which is marked by a center line, in Santa Clara County. In the car with her was her brother, Mr. Gastello. She was driving at a speed of from 35 to 40 miles per hour, a lawful rate on that road. It was daylight, about 8:30 in the morning, and the surface of the road was wet from a recent rain. Defendant Mrs. Bohannon was driving an automobile north in the proper marked lane, on the same road. She stopped to pick up a passenger. When she stopped, defendant Bonsi, an employee of defendant Pureta Sausage Company, who was driving a company truck north following Mrs. Bohannon, put on his brakes and skidded 42 feet. The front end of his truck crossed the marked center line of the road and the truck hit Mrs. Ramos’ car, which was still in its proper lane, and Mrs. Bohannon’s car, and tipped over on its side. Just before the accident Mr. Bonsi had been driving the truck at a speed of from 35 to 40 miles per hour.

Before stopping, Mrs. Bohannon had been driving at about 15 to 20 miles per hour.

.Viewing the evidence in the light most favorable to defendants, Mrs. Ramos did not remember when she first noticed Mrs. Bohannon’s car nor did she notice the truck until it started to come from behind the Bohannon car. She did not remember if the truck was immediately behind the Bohannon car at this time, although she was at the front of the Bohannon car. Neither did she remember if the Bohannon car was moving or stopped at the time, nor how close she herself was to the center line. She could not recall whether or not a hand signal had been given by Mrs. Bohannon, or whether that car was on or off the highway. She did not remember how much of the truck crossed the center line nor how far the truck was from the Bohannon car when she first observed it.

There was evidence that Mrs. Bohannon signalled before