Foster v. Hudson

BRUTON, J.,

pro tem.

The above actions arose out of the same automobile accident. They were consolidated for trial and for this appeal, and will be considered together in this opinion.

The accident in question occurred about 10 o’clock P. M. on November 24, 1937, on Highway 99 in Merced County. The plaintiffs Joe Foster and Herman Baker, together with a Mr. Ewing, were in a coupe driving northward. Immediately preceding the accident, the plaintiffs observed two ears approaching from the north, one of which passed the other, and instead of swinging back to its right side of the highway, continued diagonally across the pavement to its left side of-the highway. Foster, who was driving the coupe, upon observing that the approaching car was not returning to its right side of the highway, slackened his speed and pulled off of the pavement to his right, where the approaching machine, which was driven by defendant Hudson, collided with his (Foster’s) car in a head-on collision.

Plaintiff Baker had ten teeth knocked out, all that he had, together with a portion of the lower jawbone in which they were imbedded, his lower lip perforated, a deep cut in his tongue and a portion of his scalp torn off. Plaintiff Foster received a wrenched neck, which caused considerable pain at the time, but which cleared up in a few

weeks;

an internal injury to the digestive tract, which will cause discomfort for a period of years, and an injury to the cartilege of the left

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knee, which causes occasional locking of the joint, and may be expected to cause some difficulty for an indefinite period.

The cases were tried before a jury, which returned a verdict in favor of plaintiff Foster for $5,500, and in favor of plaintiff Baker for $15,000. These amounts were reduced by the court to $4,000 and $10,000, respectively.

Appellant presents six specifications of error. They are:

1. The trial court abused its discretion in refusing defendant’s motions for a continuance.