Hopping v. City of Redwood City

SPENCE, J.

Plaintiffs sued to recover damages arising out of personal injuries sustained by them in an automobile accident. The cause was tried by the court sitting with a

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jury and from a judgment in favor of plaintiffs, defendants appeal.

The accident occurred at about 1:45 A. M. on the morning of January 27, 1935, at the intersection of Main and Cedar Streets in Redwood City. Plaintiff Orion A. Hopping was driving his car in a westerly direction along Cedar Street and across the intersection of Main Street. He was accompanied by plaintiff Thelma S. Hopping, his wife. Defendant H. G. Fleishman, a police officer, was driving a car belonging to the defendant city in a northerly direction on Main Street. The testimony showed that as plaintiff’s car approached the intersection, it slowed down to approximately 12 miles per hour. Before entering the intersection, plaintiff Orion A. Hopping saw defendants’ car over 100 feet away approaching from the south at between 35 and 40 miles per hour. He proceeded into the intersection looking to the north for other traffic and did not look again to the south until he heard the screech of the brakes of defendant’s car. The cars collided causing injuries to both plaintiffs.

The first count of the complaint alleged a cause of action on behalf of plaintiff Orion A. Hopping based upon the personal injuries received by him and damage was alleged as to him in the sum'of $50,000. The second count alleged a cause of action on behalf of both plaintiffs based upon the personal injuries received by plaintiff Thelma S. Hopping and damage was alleged as to both plaintiffs in the sum of $5,000. The jury returned a verdict in favor of “the plaintiffs and against the defendants in the sum of $7,500”. Judgment was entered upon said verdict.

Appellants first contend that the verdict was void “in that the amounts were not segregated between the two causes of action set up in the complaint”. Assuming that it was error to permit a single verdict without segregation as to the two causes of action, we are of the opinion that such error does not require a reversal in the present case. It appears from the record that the verdict was returned upon the form approved by counsel for all parties prior to the time that the cause was submitted to the jury and that when the verdict was returned, appellants stood by and made no objection thereto. They should not now be permitted to complain.