Quiroz v. Stuzane

DORAN, J.

The action is for damages suffered by Gilbert Quiroz who, at the time of the accident was 9 years 9 months old. While crossing the street the boy was struck by a truck driven by defendant Antonio S. Andrade.

The trial judge decided, as the findings recite,

“I

“That the defendant Antonio Soto Andrade was negligent in the operation of the 1935 Dodge pick-up truck.

[536]

“II

“That plaintiff Gilbert Quiroz was guilty of contributory negligence in the crossing of the street known as Compton Boulevard, and that the said contributory negligence was the proximate cause of the collision between the truck operated by defendant Antonio Soto Andrade and the plaintiff Gilbert Quiroz.”

As recited in appellant’s brief, “The sole issue wished to be argued by plaintiff is whether or not the court’s ruling that plaintiff was guilty of contributory negligence was proper. ’ ’

In this connection appellant argues that, “A pedestrian crossing a street between intersections, at a place other than a marked crosswalk, must yield the right of way to vehicles. This is not a prohibition against crossing the street at a place other than a crosswalk, nor is crossing the street between intersections at a point other than a crosswalk negligent as a matter of law. And it is not necessarily the proximate cause of collision with an approaching vehicle, nor does it necessarily acquit the motorist of a charge of negligence. 7 Cal.Jur. (2d) p. 112, § 270.”

It also should be noted, as recited in 7 California Jurisprudence (2d) page 121, that, “The conduct of a child of immature judgment should not be measured by the standard of care required from an adult, for the reason that children have an imperfect knowledge of natural facts and laws and of the proper relation between cause and effect; they lack the discretion, thoughtfulness, and judgment presumed to be attributes of an ordinarily prudent adult who acquires these by experience. Thus, conduct which would be sufficient to charge an adult with contributory negligence as a matter of law may have no such effect in the case of a child.”