Jacoby v. Johnson

WILSON, J.

This action for personal injuries was tried by the court without a jury. Findings and judgment were entered in favor of plaintiff. Defendant appeals.

Appellant contends that the evidence is insufficient to sustain the findings (1) that his negligence was the direct and proximate cause of respondent’s injuries, and (2) that respondent was not guilty of contributory negligence.

Clark Avenue is a public street extending northerly and southerly in the Mayfair District of Bellflower. It is 60 feet in width, with a double, white line in the center, on each side of which, 10 feet from the center, is a single white line marking traffic lanes. There is a space of 20 feet between each single white line and the adjacent curb. The accident occurred between Ashworth Street and Rose Avenue, both of which extend easterly and westerly crossing Clark Avenue.

On the afternoon of December 15, 1945, respondent parked his car near the middle of the block on the east side of Clark Avenue next to the curb and opposite the entrance to a market which was on the west side of- the street. He went to the market, made a purchase, and between 5:30 and 5:45 o'clock p.m., walked to the curb on the west side of Clark Avenue. He looked north and south for traffic and saw one car coming from the north. He waited until it had passed, then walked easterly to the double white line. There being no traffic coming from the north, he looked toward the south all the time while he was traversing the westerly half of the street. When he reached the center line he stopped. He saw two cars coming from the south in the lane next to the double white line, the first being a Model T Ford coupe which was traveling slowly. The driver stopped and motioned respondent to cross in front of the Ford. Respondent also observed a second car (appellant’s, in the traffic lane behind the Ford coupe at a distance of about 350 or 375 feet. Upon receiving the signal from the driver of the Ford respondent proceeded easterly and when he had taken about three steps beyond the Ford the second car swerved from the inside lane in which it had been traveling and passed to the right of the Ford. Respondent was struck at a point approximately 10 feet west of the east curb line and was propelled approximately 15 feet. Two witnesses who had crossed the .street

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