Forbes v. Mattos

STURTEVANT, J. —

The plaintiff commenced an action to recover damages for injuries to an automobile caused by a collision. In his complaint he made M. R. Mattos, the driver, a defendant, and J. G. Wilkins, the owner, also a defendant. The former filed an answer and cross-complaint. The latter filed an answer. The cross-complaint was answered and the action was tried before a jury on all of the issues made by the pleadings. The jury returned a verdict in favor of the defendants on plaintiff’s complaint and in favor of the plaintiff on the defendant’s cross-complaint. From the judgment entered thereon plaintiff has appealed.

The accident occurred on the highway at a point about midway between Sausalito and San Rafael. At that point the highway runs practically north and south. It is divided into three lanes. On the west side, twenty or twenty-five feet distant, is a platform used as a milk station. On the morning of February 16, 1938, the neighborhood was covered by a heavy fog. There was testimony that the visibility was about fifty feet. At about 7:45 A. M. the defendant M. R. Mattos drove a milk truck northerly on said road. He had his lights lit and traveled in the easterly lane until about one hundred feet from the milk station and then commenced to cross the center lane to the station. There was testimony that as he drove to the north he was traveling about thirty miles per hour and as he commenced to turn he reduced his speed to about ten miles per hour. There was testimony that

[483]

before commencing to make the turn he was looking to the north and saw no vehicle approaching. There was also testimony that as he made the turn he had his arm extended giving the statutory signal. When his truck was practically in the center lane the plaintiff approached from the north driving a Lincoln sedan. There was testimony that as he approached the truck he was traveling forty or fifty miles an hour; that he was driving along the center lane and his lights were not lit; and that at a point in the center lane, about opposite the milk station, the truck and sedan collided. There was also testimony that one other vehicle occupied the highway. That car was being driven by Lawrence A. Downing and was traveling behind the truck in the direction of San Rafael. It was so close to the truck that as the truck turned to the left Downing’s car passed in the rear at about the time the Lincoln car collided with the truck. He was so close to the collision that milk was splashed on him. The left front end of the Lincoln car struck the truck on its right-hand side with such force that the truck was turned facing the south and then the Lincoln car advanced at an angle to the west and came to a stop about twenty feet beyond the truck.