Karr v. Sherer

McCOMB, J.

From a judgment in favor of plaintiff after trial before a jury in an action to recover damages for personal injuries, defendant appeals.

Facts:

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On December 26, 1952, defendant was driving his automobile in a westerly direction on Thompson Boulevard in Ventura, California, just east of its intersection with Hemlock Street. Thompson Boulevard is a four lane highway, with two lanes eastbound and two lanes westbound. He was driving about 30 miles per hour.

Plaintiff was crossing Thompson Boulevard from south to north at the intersection. As plaintiff crossed the street a westerly bound pickup truck stopped in the left-hand lane to allow plaintiff to cross the street. Defendant, who had been traveling down Thompson Boulevard, turned into the right-hand lane of the westerly bound traffic, passed the pick-up truck, and the right front side of defendant’s ear hit plaintiff causing him personal injuries. There was no marked crosswalk across Thompson Boulevard.

Questions:

First:

Was there substantial evidence to sustain the finding of. the trial court that defendant was negligent?

Yes.

Section 560, subdivision (b), of the Vehicle Code, reads:

“ (b) [Stopped vehicle not to be overtaken and passed.]

“Whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.”

In the present case a police officer testified that the point of impact between defendant’s car and plaintiff was on the edge of the unmarked crosswalk. It is also uncontradicted

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that a pickup truck had stopped at the unmarked crosswalk to permit plaintiff to cross the roadway, and that defendant, disregarding the requirements of section 560, subdivision (b), of the Vehicle Code, did not stop behind the pickup truck, but overtook it and passed to the right, striking plaintiff and injuring him.