Corcoran v. Ward

SPENCE, J.

Two separate actions were brought to recover for personal injuries sustained by Marie F. Corcoran and Aleta Jennings, respectively, and these actions were consolidated for the purpose of trial. Judgment upon two verdicts for $30,000 each were entered and appeals .by defendants from both judgments are presented on one transcript.

At the outset we deem it appropriate to state that appellants’ brief contains no. topical index and fails to present each point separately under an appropriate heading showing the nature of the question to be presented as required by rule VIII of the Rules of the Supreme Court and the District Courts of Appeal. These rules are designed for the assistance of the court in determining the questions presented on appeal as well as to guide opposing counsel in answering the points raised. Failure to comply with the rules may result in striking the briefs from the file or even dismissal of the appeal; and if no such action is taken, complaint should not be made in the event that some point, hidden in the pages of a lengthy brief without an appropriate heading, is not discussed in the opinion. In the present case a reading of appellants’ brief leads us to the conclusion that the main contentions are that the evidence was insufficient to show negligence on the part of appellants and that the verdicts were excessive and we will proceed to a consideration of these contentions.

The question of negligence in the present case was, in our opinion, a question of fact upon which the determina

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tion of the jury is conclusive. The accident happened late at night on June 15, 1928, upon a curve on the main highway at what is known as Dawson’s Corners near Sunnyvale in Santa Clara County. This curve may be described as a sweeping, slightly banked curve with an improved surface twenty feet in width. In approaching this curve traveling from San Jose toward San Francisco the highway runs in a northerly direction and turns at the curve and proceeds in a westerly direction. Appellants’ truck, which was heavily loaded, was traveling toward San Francisco with appellant Sweeney driving and his wife accompanying him. Respondents were traveling toward San Jose in a Chrysler automobile belonging to Mrs. Jennings’ husband with Mrs. Corcoran driving. The lights on both cars were burning, but the two vehicles collided in a head-on collision about half-way around the curve. From what has been said it follows that in traveling upon their respective right sides of the highway in making the curve, appellants’ car should have remained on the outer half of the road and respondents ’ car should have remained on the inner half of the road.