Miller v. Pacific Freight Lines

GRIFFIN, J.

This action for damages arises out of an automobile accident which occurred on the 17th day of November, 1938, in the city of San Diego. The court, sitting without a jury, rendered judgment for respondents. Findings were waived.

The collision occurred when the respondent driver, Dotty, who was driving for respondent Pacific Freight Lines, a corporation, was making a left turn with his Ford V-8 truck at the intersection of Island and Twelfth Streets. Twelfth Street runs in a general northerly and southerly direction and Island Street runs east and west. The streets are 52 feet in width respectively and intersect approximately at right angles.

[453]

There were turning buttons on the north and south sides of the intersection. There is a marked center line of Twelfth Street with marked crosswalks at the intersection.

The evidence shows that Dotty had been proceeding north on Twelfth Street and had started to make a left turn from a point somewhere near the center of Twelfth Street and that the appellant Alvin Miller, who was also driving north on Twelfth Street, attempted to overtake and pass the truck on its left side somewhere near or within the limits of the intersection. There was some evidence that Miller’s car was traveling on the west or left side of Twelfth Street in making this maneuver. Although the evidence is conflicting, there is testimony to the effect that Miller’s car struck the truck near its left front wheel in the southwest quarter of the intersection and then his ear continued through the intersection, striking a car parked on the west side of Twelfth Street and north of Island Street and then continued across Twelfth Street, striking the curb on the east side of Twelfth Street.

At the outset, we are confronted with the well-established rule that all presumptions, intendments and inferences are in favor of the judgment of the trial court and all conflicts and discrepancies in the evidence must be resolved on appeal in support of the judgment of the trial court. Where there is substantial evidence directly or indirectly tending to support the findings of the trial court, the judgment must be affirmed.

(Dreyer