Crutchfield v. Davidson Brick Co.

WOOD (W. J.), J.

Plaintiffs commenced this action to recover a judgment for damages which they suffered when a car driven by Joe Booth, in which they were riding as guests, collided with a truck owned by defendant Davidson Brick Company and driven by its employee, defendant Carillo. They have appealed from a judgment in favor of defendants, entered upon the return of a jury’s verdict.

The accident occurred on July 8, 1940, at the intersection of Main and Workman Streets in the city of Los Angeles. Witnesses for plaintiffs testified that Carillo entered the intersection before the “Go” signal was given. This was contradicted by witnesses for defendants, who placed the blame for the accident upon Booth.

Plaintiffs contend that the court erred in giving to the jury “abstract instructions” on the law of negligence as applicable to the conduct of the driver of the car in which they were riding as guests, he not being a party to the action. The instructions of which complaint is made cannot be classified as “abstract.” They particularly set forth the code provisions governing the conduct of drivers in intersections and

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instruct the jury that if Booth violated the code provisions he was guilty of negligence as a matter of law and that if his negligence was the sole proximate cause of the plaintiffs’ injuries the verdict should be in favor of defendants. Although the issue for the determination of the jury was whether defendant Carillo was guilty of negligence proximately contributing to plaintiffs’ injuries, the jury of necessity was compelled to consider the conduct of the other driver while at and in the intersection, for the conduct of Carillo would depend to some extent at least upon the conduct of Booth. Defendants presented evidence that Booth entered the intersection against the signal and at a speed of 36 or 37 miles per hour. This was deniefi by witnesses for plaintiffs. In such a conflict in the evidence it cannot be held that plaintiffs were prejudiced by instructions enlightening the jury on the rights and duties of the two drivers. The instructions were very complete on all points involved and particularly informed the jury that the negligence of Booth could not be imputed to plaintiffs and could not defeat plaintiffs’ recovery if the negligence of Carillo was a proximate cause of the injuries. Moreover, the criticized instructions were invited by several instructions given at the request of plaintiffs on the subject of the negligence of Booth, one of which is as follows: “You are instructed that the negligence of the driver of the Ford in which the plaintiffs were riding as the guests of Joe Booth, if you find from the evidence that they were guests of Joe Booth, cannot in law be imputed or charged against the plaintiffs, and if you find from the evidence that the plaintiffs Sigrid Crutchfield and Mary Wilson were not guilty of negligence and that the joint negligence of both drivers was the proximate cause of the injuries suffered by the plaintiffs, if any, your verdict should be for the plaintiffs and against defendants.” These instructions concerning the “joint negligence of both drivers” having been given at the request of plaintiffs, the court did not err in giving instructions to the jury concerning the legal duties of both Carillo and Booth.