Davis v. Sturgis

THE COURT.

These are reciprocal negligence actions with relation to an intersection collision. The jury denied recovery to both sides. Only Sturgis, the driver of a taxicab involved in the collision and Yellow Cab Company, the owner of the cab and employer of Sturgis, have appealed from the judgment which denies them recovery against Davis, the owner and operator of the Buick with which the cab collided. The appeal is not based on insufficiency of the evidence but solely on alleged errors in instruction and admission of evidence.

The accident happened on January 26, 1952, in full daylight at the intersection of Jones Street and North Point Street in San Francisco. Jones Street runs generally north and south; North Point Street east and west. Appellant Sturgis was driving his cab north on Jones Street in the direction of North Point Street. The entrance to the latter street is there controlled by a stop sign on the southeast corner of the intersection. This was the only stop sign controlling the intersection from any side. Davis was driving his Buick westerly on North Point, nearing the intersection from the east. Sturgis testified in substance that he made a stop at the stop sign; he saw the Davis ear then an estimated 150 feet away going approximately 30 or 25 miles an hour. Having quickly looked in the other direction and seeing no vehicles he drove into the intersection about three car lengths going 10 to 12 miles an hour. He then saw Davis about 100 feet away. Sturgis then drove on straight with nothing in front of him and he does not remember anything further until he awoke in an ambulance. (The right front of the taxicab had been hit by the front of the Davis car.) Davis

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testified that he was approximately 50 feet east of Jones Street going 25 miles an hour when he saw the taxi coming down Jones about 30 feet south of the stop sign, going 30 to 35 miles. Davis then looked in the other directions and he was about 30 feet from Jones, still going 25 miles, when he saw the taxi with its front part in the intersection driving the same speed as before, about 35 miles. He then braked but could not prevent the collision.

Appellants predicate error on the refusal of the court to give the following instruction offered by them:

“There was no arterial stop sign on the North side of North Point Street. The only stop sign at the intersection of Jones and North Point Street was at the South East corner. You are instructed that the stop sign on the Southeast corner made the intersection a through highway only for eastbound traffic. Vehicles on the North side of North Point Street going West across the intersection of Jones Street, the direction in which Mr. Davis was proceeding, were not on a through highway. The speed limits for Mr. Davis’ automobile under those circumstances in traversing the intersection was 15 miles per hour.”