Beseau v. George

SHINN, P. J.

Plaintiff appeals from an order granting a new trial after she had won a verdict and judgment of $15,000 for injuries suffered in a collision of two automobiles. The motion was granted upon the sole ground of insufficiency of the evidence.

The collision occurred in the intersection of Third Avenue, a north and south street, and Venice Boulevard, an east and west street. Tracks of the Pacific Blectric Railway are located in its right of way on Venice Boulevard. The right of way is 34 feet wide, the portion of the boulevard north of the right of way is 28 feet wide, and the portion south of the right of way is of the same width. Third Avenue is 40 feet wide. The portion of Venice Boulevard north of the tracks is exclusively for westbound traffic and that portion south of the right of way is exclusively for eastbound traffic. There are boulevard stop signs controlling traffic on Third Avenue at the intersection, but none on Venice Boulevard. The accident happened about 10 o’clock in the morning. It had been raining earlier but the day was clear and the visibility good. Defendant drove south on Third Avenue into the intersection and had crossed the Pacific Blectric tracks when she collided with the automobile of plaintiff. The front of defendant’s car struck the left side of plaintiff’s car when the two cars were some 24 feet east of the west curb line of Third Avenue and 14 feet north of the south curb line of Venice Boulevard. Defendant testified she made a stop before entering the intersection; she put her car in first gear and proceeded slowly onto the tracks where she put it in second gear; she looked and kept looking to the east, west and south, and saw no vehicles approaching from any direction; at the time of the collision she was looking straight ahead and did not see plaintiff’s car until a moment before the collision; she was traveling only about 5 miles an hour when the collision occurred, and stopped her car immediately. Mr. McDonald, a witness for plaintiff, estimated the speed of defendant’s ear, at a point some distance north of the intersection, at 25 miles an hour. He did not see it enter the intersection. Plaintiff testified she was traveling 25 miles an hour; when she was about 35 feet west of the intersection she saw defendant’s car about 15 feet north of the intersection; defendant was traveling very

[809]

fast, at least 45 miles an hour, and did not make a boulevard stop; she watched her on that account; defendant could not have stopped at the intersection; she did not know whether defendant was going to stop and that is the reason she watched her; at the time defendant’s ear reached the car tracks it was going faster than plaintiff’s car—about 30 or 32 miles an hour; defendant gave a'signal by raising her hand high, indicating an intention to turn to the right on the south side of Venice Boulevard and plaintiff thought she was going to make that turn; plaintiff “checked” the intersecting streets, and when she turned her head to the left defendant’s ear was but a few feet away.