Todd v. Standfield

ADAMS, P. J.

Plaintiffs, Abraham Todd and Ida Mae Todd, husband and wife, brought this action against Roy Standfield and fictitious defendants, alleging that on August 10, 1950, at 7:30 a. m., Standfield so carelessly and

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negligently drove and operated a certain flatbed truck as to cause same to collide with a Ford sedan automobile driven by Mrs. Todd, causing injuries to her and to the Ford sedan. In a second count Abraham Todd alleged that he had been compelled to employ medical services for his wife, and had incurred other expenses for damage to the car driven by his wife, for all of which the plaintiffs sought damages.

Standfield appeared and in answer to plaintiffs’ complaint denied negligence on his part, and alleged contributory negligence on the part of Mrs. Todd. One C. A. Makin appeared as one of the fictitious defendants and alleged that he was the owner of the truck driven by Standfield who was his employee. Makin also denied negligence on the part of Standfield and alleged contributory negligence on the part of Mrs. Todd.

Trial by a jury-resulted in a verdict in favor of plaintiffs in the sum of $20,000. A motion for a new trial was made by said defendants, and denied by the court, which court also denied a motion by defendants for a judgment notwithstanding the verdict.

Defendants have appealed from both the judgment on the verdict and the order denying the latter motion, asserting as ground for reversal that the evidence shows that Mrs. Todd whs guilty of contributory negligence, that the court erred in instructing the jury, and that the award of damages is excessive.

Perusal of the transcript of the testimony in the case reveals the facts to be as follows: Makin, the owner of the truck, instructed Standfield to deliver an electric pole to one Coleman, and 15 or 16 20' steel reinforcing rods to one Cecil Burdell. Standfield unloaded the electric pole at Coleman’s, at which time he took from the end of same a red flag which he placed in his pocket. He then tied the reinforcing rods into the side of the truck in such a manner that they extended beyond the rear end of the truck a distance of 6 to 8 feet. About 7:30 a. m. Mrs. Todd was driving eastward along Blossom Street, as the highway running from South Dos Palos to the city of Dos Palos, in Merced County, was known. This highway was paved, completely straight for more than a mile to the west; the weather was clear. After making his delivery at Coleman’s Standfield backed his truck out of the Coleman field on the north side of and onto Blossom Street, just as Mrs. Todd was approaching thereon, and the collision followed. Mrs. Todd was rendered unconscious and was unable to recall the circumstances, but Robert Lee, who