Landrum v. Severin

EDMONDS, J.

The appeal from a judgment in favor of Charlie M. Severin in an action for the recovery of damages assertedly sustained at the time of the collision, of two automobiles, principally concerns the applicability of section 531(a) of the Vehicle Code. That statute fixes a rule of conduct for a driver following another automobile. The car driven by George W. Landrum collided with the one operated by Severin, who was making a left turn in front of it. Landrum contends that it was prejudicial error .for the court, at the request of Severin, to instruct the jury in the terms of the statute.

The record shows that Landrum was traveling north in the inside lane of San Fernando Road. Severin approached the intersection of Roxford Street from the opposite direction. When approximately 100' feet from the intersection, he gave a hand signal for a left turn onto Roxford Street. He had then slowed his car to a speed of 15 or 18 miles per hour.

According to the evidence, in approaching Roxford Street, Landrum was following another automobile at a distance of 15 to 17 feet. The speed of his automobile was 20 to 35 miles per hour. The car ahead of his proceeded through the intersection, passing behind the Severin automobile which ivas then struck by Landrum’s car.

Upon request of Severin, the jury was instructed.that, as provided by the California Vehicle Code, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” Landrum takes the position that this instruction was prejudicially erroneous because; (1) There is

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no evidence showing a violation of the section by him; (2) There was no showing that violation of the section proximately contributed to the collision; and (3) The instruction was not conditioned by one respecting proximate cause. It is also argued that the trial court abused its discretion in denying the motion for a new trial made upon the ground of newly discovered evidence.

Landrum asserts that the only evidence concerning his car with relation to the vehicle preceding it related to a time prior to reaching the intersection. According to him, he was then driving at a speed of 25 to 30 miles per hour and a much greater distance behind the vehicle preceding him than one car length. As he reached the intersection of Roxford Street, the automobile in front of him slowed down a little. He immediately lessened the speed of his car, he said, so that the gap between them decreased to a ear length when he reached the intersection.