Hudgins v. Standard Oil Co.

PULLEN, P. J.

These are actions for damages for personal injuries alleged to have been received by plaintiffs in a collision between an automobile in which they were riding and a truck of defendant, Standard Oil Company of California.

Some time after 6 o’clock on the evening of October 17, 1931, plaintiffs were riding in a Model T Ford touring car in a northerly direction on what is known as the TahoeUkiah or Browns Valley highway in Yuba County. When they reached a point about three or four miles from the

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city of Marysville the driving lights of the Ford suddenly went out; the dim or parking lights were then switched on and the Ford proceeded a short distance farther when the dim lights went out. After an examination it was found that it was then impossible to repair the lighting system. A consultation was held among those in the car as to the proper course, and it was determined to proceed. One of the plaintiff’s testified that they talked the matter over and decided they could make it home without an accident. It was then quite dark.

After proceeding about a mile a collision occurred between the Ford and a Standard Oil truck. The southbound truck was also proceeding without lights and apparently on its left side of the highway. Both ears were traveling about 15 miles an hour at the moment of the impact.

There was some conflict as to whether there were any places where the Ford could have been driven off the paved portion of the highway after the lights failed. Hudgins, one of the plaintiffs, testified the paved portion of the highway where the accident occurred was 18 feet wide and that the shoulder on their right side was about 20 inches and on the left side about 3 or 4 feet. Plaintiff Renison testified that on their left of the highway there were a few places where one could get a car off the highway, but it would require careful driving to do so. In their verified complaints, however, it was alleged that the point of the collision and for several miles immediately in either direction the highway was approximately 40 feet in width, and the main traveled portion thereof approximately 18 feet in width.

At the conclusion of the testimony certain interrogatories were submitted to the jury in reference to releases signed by plaintiffs, and in answer thereto the jury found that each plaintiff, for a specified amount, executed and delivered a release of any claim against defendants. The jury also found that neither the defendants nor anyone acting for them made any misrepresentation to plaintiffs as to the contents, character or legal effect of such instruments, nor that defendants nor their representatives said or did anything to prevent plaintiffs from becoming familiar with the contents or legal effect of the instruments before plaintiffs affixed their signatures thereto.