Harrison v. Thomson

WARNE, J. pro tem.

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Plaintiff appeals from a judgment entered in favor of defendants based upon a finding of contributory negligence on the part of the driver of appellant’s automobile, which negligence was imputed to appellant. The case was tried by the court sitting without a jury.

It appears from the record that on the afternoon of July 18, 1958, appellant’s wife, Ruanna Harrison, was driving his Ford sedan automobile in an easterly direction on Red Bluff Street in the town of Central Valley, at a speed of approximately 25 miles per hour. At the same time, respondent Charles A. Thomson, a minor, was operating a 1952 Ford sedan automobile, owned by his father, respondent George A. Thomson, in a southerly direction on Muscle Shoals Avenue at a speed, according to his testimony, of 30 miles per hour.

Red Bluff Street and Muscle Shoals Avenue intersect at right angles. There were no yield right-of-way signs, stop signs, or traffic lights at the intersection at that time. Both streets are black topped, level, and the paved portions are 18 feet wide. The weather was clear and the pavements of both roads were dry at the time.

When respondent Charles A. Thomson was approximately 80 to 100 feet from the intersection he looked across a vacant lot on the northwest corner of the intersection, saw appellant’s automobile and applied his brakes, but was unable to stop. The collision occurred near the center of the intersection, respondent’s car hitting appellant’s automobile on the left side at the doors and rear fender.

Officer Carroll of the California Highway Patrol was called to the scene of the accident and made an investigation. He testified that respondent’s car skidded 45 feet before the impact. Upon the physical facts he expressed the opinion that respondent’s car was traveling at a speed over 40 miles per hour. The trial court found that the respondent, Charles A. Thomson, was guilty of negligence in the operation of his father’s car and that his negligence proximately caused it to collide with appellant’s automobile, causing damage to the latter’s automobile, but that said collision and said damage was not the sole proximate result of the negligence of either

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of the respondents. The trial court further found that appellant’s wife was driving his automobile with his consent and permission, express or implied; that Mrs. Harrison did not exercise ordinary care, caution or prudence to avoid said accident; that she was negligent in the operation of his automobile ; that her negligence proximately contributed to and caused said accident and resulting damage to appellant’s automobile ; and that said negligence should be imputed to appellant.