Kroijer v. Jenkins

THE COURT.

The above action was brought by Marie Kroijer (hereinafter referred to as the plaintiff), with whom was joined her husband, to recover damages for personal injuries.

The action arose out of an accident which occurred on February 2, 1930, at a street intersection in Bedwood City.

Whipple Avenue runs east and west, and is intersected on the south by King Street and on the north by Copley Avenue, the latter being a continuation in that direction of King Street. Plaintiff was riding in a Nash automobile operated by Annie Jenkins, who was joined as a defendant in the action. This automobile was being driven in an easterly . direction on Whipple Avenue, while defendant Manuel was driving a Pierce-Arrow in a southerly direction

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along Copley Avenue. A collision occurred between the automobiles at the above intersection, as a result of which both plaintiff and defendant Jenkins were injured and the latter’s automobile was damaged.

Defendant Jenkins in addition to her answer filed a cross-complaint for damages against defendant Manuel.

A jury returned a verdict in favor of plaintiff for $6,200 and in favor of defendant Jenkins for $415, both being against defendant Manuel, who, following the denial of his motion for a new trial, appealed from the judgments and contends that the evidence is insufficient to show that he was negligent.

Plaintiff, who had had some previous experience as a driver, testified that as the car in which she was riding approached the intersection she looked to her right along King Street, and when the Nash car reached a point about halfway across the intersection she saw the car driven by defendant Manuel enter the intersection from the north, its course being along the east side of Copley Avenue; that the Nash car when it entered the intersection was traveling at a speed of from fifteen to twenty miles an hour, while the Pierce-Arrow car was going twice as fast; that when the Nash car had passed the north and south center line and was nearing the southeasterly corner of the intersection defendant Manuel, continuing his course, attempted to pass in front and to the east of the Nash car, and by so doing caused the collision. The witness further testified that defendant Jenkins immediately before the collision decreased the speed of her car and turned a little to the right in an effort to avoid the accident; also that her car after the collision remained in the intersection, while the Pierce-Arrow car passed over the curb into a vacant lot for a distance of about thirty feet, turned completely around and then came to a standstill at a point ten or fifteen feet from the southeast corner of the intersection. The testimony of the plaintiff as to the place where the cars came together was corroborated by defendant Jenkins, who also testified that as she approached the intersection she looked both to the right and left, but did not see the Pierce-Arrow car, and that she entered the intersection at a speed of about fifteen miles an hour. She testified that from the place where she looked she could see from twenty-five to fifty feet in both directions, but