MacCorkell v. Williams

BURROUGHS, J.,

pro tem.

This is a suit for damages for personal injuries. The cause was tried by the court without a jury. Judgment was entered in favor of the plaintiff for the sum of $5,732.45. The defendant has appealed from said judgment. The appeal is based upon the ground that the findings of the trial court, as follows: That preceding and at the time of the accident the plaintiff was exercising reasonable and ordinary care for his own safety; that he was not guilty of contributory negligence; that the accident from which plantiff’s injuries resulted was the direct result of defendant’s negligence and that the injuries sustained by the plaintiff were not the result of an inevitable or unavoidable accident so far as defendant is or was concerned, are each and every one without support in the evidence.

[574]

Colorado Boulevard is a paved highway about sixty feet wide between the curb lines and runs easterly and westerly through the city of Glendale in the county of Los Angeles. Griswold Street is a public highway in said city about thirty-five feet wide between curbs and it intersects Colorado Boulevard from the south but does not continue north of said Colorado Boulevard. At the time of the accident which resulted in plaintiff’s injuries, the plaintiff John H. MacCorkell was crossing Colorado Boulevard from the north curb to the south curb, headed for some point in Griswold Street. Somewhere between the center and the south curb of said boulevard plaintiff came into collision with the front end of a Cadillac automobile driven by the defendant Frank A. Williams, and was seriously injured.

The evidence is conflicting on many material issues. Under the authorities the duty of resolving this conflict rested with the trial court and the trial court having decided such conflict against the defendant, this court is bound thereby.

(Anderson

v.

Los Angeles Transfer Co.,

170 Cal. 66 [148 Pac. 212].) Reviewing the evidence in accordance with the foregoing rule, we shall state sufficient thereof to sustain the findings of the court, if there be such evidence ■ in the record. John H, MacCorkell testified that he started to cross Colorado Boulevard from the north curb thereof to a point on the westerly line of the sidewalk on Griswold Street. Before stepping from the curb he looked both ways for traffic; that automobile traffic was coming toward him from both directions; that the nearest car from the east was 75 to 100 feet away; that the nearest car approaching from the west was from 100 to 150 feet away; that when he was a quarter of the way across he again looked east and west; that when he reached the middle of the street he observed the traffic both east and west on the boulevard; that he remembered hearing automobile brakes squeak; that he glanced toward the east and saw an automobile coming from that direction about forty or fifty feet away; that he raised his right hand and knew nothing more until he recovered consciousness in the hospital a few days later; that he did not hear any automobile hom or warning sound. It also appears that plaintiff was on a pedestrian crossing. B. C. Gorrill testified that he was driving his car in a westerly direction on the north side of Colorado Boulevard; that he