Collas v. Pasadena City Lines, Inc.

VALLÉE, J.

Plaintiff appeals from a judgment entered upon the verdict of a jury in favor of defendants in an action for damages for the wrongful death of his infant son, aged 3 years and 8 months, caused when a passenger bus owned by defendant Pasadena City Lines, Inc., a corporation, and driven by defendant Bond, collided with the infant.

The accident occurred on August 31, 1945, at about 6 :45 p.m., daylight saving time, at the intersection of Colorado Boulevard and Pair Oaks Avenue in Pasadena. Colorado Boulevard runs in an easterly-westerly direction and is approximately 70 feet wide. Pair Oaks Avenue runs in a southerly-northerly direction and is approximately 50 feet wide. The intersection is controlled by four automatic signals, which were in- operation at the time of the accident. It also has four well-marked crosswalks, which are approximately 12 feet, 6 inches wide. The bus was approximately 8 feet wide, 33 feet long, and had a seating capacity of 32 passengers. At the time of the accident the infant was crossing Colorado Boulevard with his sister, Pauline, aged 18 years, in the marked pedestrian zone, proceeding from the southerly to the northerly curb of Colorado. Immediately before the impact he broke away from his sister, ran out directly into the path of the bus as it was making a right-hand turn onto Colorado Boulevard from Pair Oaks Avenue and was instantly killed.

The point of impact was established as being “approximately 15 feet,

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inches, north of the south curb of Colorado Street, and approximately 10 feet east of the east curb line of Pair Oaks,” and “approximately 2 feet within the crosswalk. ’ ’ The bus traveled approximately 2 feet from the point of impact.

A coroner’s inquest was held on September 4, 1945. The coroner’s jury found the death to be accidental and exonerated defendant Bond from blame. The testimony taken at the inquest was admitted in evidence at the trial.

Plaintiff contends that the evidence is insufficient to support the verdict of the jury because it indicates, as a matter

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of law, that defendants were guilty of negligence in that defendant Bond (1) drove the bus at a greater rate of speed than was prudent, (2) did not yield the right-of-way to the infant in the crosswalk, (3) did not sound his horn, (4) did not exercise due care or operate the bus in a careful and prudent manner, and (5) did not have proper control over the bus. It is evident from the record that this contention is without merit. Appellant overlooks the fact that these issues were submitted to the jury and, upon the evidence presented to them, were resolved in favor of the defendants.