Snyder v. Reeg

PLUMMER, J.

Plaintiff had judgment in an action to recover damages to an automobile owned by him, suffered by collision with an automobile owned and driven by the defendant. From this judgment the defendant appeals.

In support of his appeal the appellant alleges that the finding of fact that the plaintiff was traveling at a rate of speed less than fifteen miles per hour is contrary to the evidence, and also that appellant's motion for a new trial should have been granted. The particular findings of fact complained of are not set forth in the appellant’s brief. An examination of the record, however, shows findings in substance that the plaintiff was traveling at a speed not in excess of fifteen miles per hour. At the time of the collision referred to the plaintiff was driving westerly on Main Street in the city of Placerville, and the defendant was driving in an easterly direction on the same street. At a point or place on said street where an intersecting street crosses Main Street between two points known as Formi’s Corner and the Bell Tower the defendant attempted a left-hand turn, and in so doing came in contact with the automobile then and there being driven by the plaintiff. No personal injuries appear to have been suffered by either of the parties, and the judgment awarded compensation for the damages inflicted upon the plaintiff’s automobile. Before referring to the testimony which to us seems to support the judgment of the trial court, we may dispose of the contention that the defendant gave a proper signal indicating his intention to make a left-hand turn. His testimony is as follows: “I threw my hand out.” There is nothing in the record showing that the signal required to be given by the third paragraph of section 130 of the Motor Vehicle Act was given by the defendant. The paragraph to which we have referred reads as follows: “The

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signal herein required to be given before turning to the right or left, whether given by the hand and arm or by means of an approved mechanical or electrical device, shall be given continuously during the last 50 feet traveled by the vehicle before turning.” The record discloses nothing which would indicate that this provision of the Motor Vehicle Law was complied with by the defendant. The mere extending of one’s hand prior to making a turn does not comply with the law. The requirement is that the arm shall be extended during the last fifty feet preceding the turn about to be made. The evident purpose of keeping the arm out is that drivers coming from an opposite direction may have a reasonable time within which to observe the signal being given by an approaching driver. And unless the arm, after being extended, is maintained in that position, the signal required by law is not given. So far as this case is concerned, there is nothing to show that the defendant did not attempt a left-hand turn and come in collision with plaintiff’s car without having given the signal required by law.