Wright v. Ponitz

YORK, P. J.

This is an appeal from a judgment in favor of respondent, who was injured when struck by an automobile being driven by appellant Milton Ponitz and owned by appellant Harry Ponitz, the former being referred to throughout this opinion as appellant.

The collision which resulted in serious injuries to respondent occurred shortly before 7 o’clock in the evening of February 14, 1936, on La Brea Avenue approximately 150 feet north of its intersection with Venice Boulevard in the city of Los Angeles. La Brea, at the site of the accident, is a six lane highway with a double white line marking the center, and runs in a generally south and north direction. Appellant turned from Exposition Boulevard into La Brea and drove northerly thereon until he reached Venice Boulevard where he halted for a “stop sign”, and then continued for a distance of 150 feet, driving the car 3 or 4 feet to the right or east of the marked center line at a speed of 20 miles per hour.

Meanwhile, respondent Wright and his friend, Joseph Fike, were pushing the latter’s car northerly on La Brea, 4 or 5 feet to the right or east of the center line thereof, at a speed of 7 or 8 miles per hour. When they reached a point on said street 150 feet north of its intersection with Venice Boulevard, and about 150 feet south of a service station located at the intersection of La Brea and Pico Boulevard, which was their destination, appellant’s car struck respondent, who was pushing the Fike car ‘ ‘ against the spare tire from the middle and rear of the automobile.” The bumper of appellant’s car struck respondent from the rear, pinning his legs between the bumpers of the two cars. Mr. Fike was stationed at the left-hand side of his car near the steering wheel, and

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he was pushing and steering so that he could guide the direction of his automobile.

The night was dark and the street lights were lighted, appellant testifying that it was raining very hard and the visibility was bad; that his vision was intermittently obscured by the glare of headlights of approaching automobiles. Respondent testified that the visibility was good and “for a period of at least half an hour before the accident, it was either drizzling slightly, that is raining slightly, or not raining at all, but that very shortly after the accident this became a torrential rain.”