Glynn v. Vaccari

California Court of Appeal Jun 6, 1944 No. Civ. 14376Published

Before: York

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Holding. The court held that the trial court's findings were supported by substantial evidence, concluding that the appellant's failure to yield the right of way to the respondent, who had lawfully entered the intersection, was the proximate cause of the collision.

Issues

Whether the trial court erred in its findings regarding the respondent's duty to yield under the Vehicle Code.
Whether the appellant's failure to yield the right of way constituted the proximate cause of the collision.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Substantial evidence was produced on behalf of respondent to support the findings of fact complained of, and to establish the exercise by him of ordinary care in the circumstances presented herein”

“appellant’s failure to yield the right of way (Veh. Code, § 552) to respondent, who was lawfully crossing the boulevard, was the proximate cause of the collision.”

YORK, P. J.

Plaintiff appeals from a judgment in favor of defendant rendered by the trial court sitting without a jury in an action for damages on account of personal injuries sustained by said plaintiff in a collision between his motorcycle and the automobile of defendant.

The collision occurred about three o’clock in the afternoon of July 18, 1942, a bright, sunny day, at the intersection of Olympic Boulevard and Gerhart Street in the county of Los

[719]

Angeles. Appellant was proceeding easterly on Olympic Boulevard, a through highway, 70 feet in width, and he testified that as he approached the intersection in question, he was traveling 20 feet from the south curb of Olympic at a speed of 35 to 40 miles per hour, and when he was 300 or 400 feet west of the intersection, he observed that respondent, who was traveling south on Gerhart Street, had stopped at a point near the stop sign on that street, which was approximately 30 feet north of the north curb line of Olympic Boulevard; that respondent “started out from the stop sign very easily; that he shifted into second gear, about 20 feet from the north side of the highway he shifted into second gear, I believe, and picked up speed”; and started across Olympic at about 15 miles per hour. “He proceeded straight south after he entered the highway and after he had crossed the middle of the street, approximately 15 feet, he heard me coming and so he stopped”; whereupon appellant’s motorcycle struck the right rear fender of respondent’s automobile, which was then “seven feet south of the middle” of Olympic Boulevard. Appellant also testified that he intended to pass in front of respondent’s automobile, but that respondent speeded up when he reached the center of the boulevard, and the collision occurred when appellant attempted to go around back of respondent’s automobile. Appellant sustained a “compound fracture of the tibia and fibula of the right leg about three inches above the ankle.”

Two witnesses testified that they were present in the Justice’s Court of Montebello Township when respondent Yaccari testified “that he stopped, looked to the left and to the right and saw a truck and followed the truck up the street and looked to the left again and proceeded across the street without looking to the right again.”

Glynn v. Vaccari

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YORK, P. J.

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