Garrison v. Booth

MARKS, J.

This is an action for damages suffered by plaintiff, a pedestrian, in a collision with an automobile at the corner of Euclid Avenue and Fourth Street in the city of Ontario. Plaintiff had judgment and defendants have appealed.

Defendants present the following grounds for reversal of the judgment: (1) That the evidence shows plaintiff guilty of

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contributory negligence as a matter of law; (2) that there is no evidence showing that the automobile was being driven by Robert Woods with the express or implied permission of L. W. Booth, its owner; (3) that the evidence is insufficient to support an award of damages for blood poisoning suffered by plaintiff following the accident. It will only be necessary for us to consider the evidence supporting the findings and judgment, for if there is material and competent evidence in the record supporting the findings and judgment we must disregard conflicts and affirm the judgment.

Euclid Avenue runs north and south and Fourth Street intersects it at right angles. Sidewalks are constructed along the west side of Euclid Avenue and a marked pedestrian crossing lane across Fourth Street connects the ends of these sidewalks north and south of that street.

Robert W. Woods is a minor. Frances E. Booth is his mother and L. W. Booth is his stepfather. The minor had a motor vehicle operator’s license the application for which had been signed by his mother.

On the afternoon of March 28, 1932, plaintiff and Juanita Myers, now his wife, were walking south on the sidewalk on the west side of Euclid Avenue. When they reached the Fourth Street curb they paused, looked to the east and west for approaching vehicles and proceeded into the pedestrian crossing of Fourth Street. When they were about twelve feet from the curb the front of an automobile suddenly appeared before them. Plaintiff was caught, probably by the handle of the right front door, and pulled several feet west on Fourth Street. The automobile came south on Euclid Avenue and made a right turn onto Fourth Street.

Section 131% of the California Vehicle Act, in force at the time of the accident, provided in part as follows: