Wakefield v. Horn

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MR. JUSTICE PLUMMER Delivered the Opinion of the Court.

The plaintiff had judgment for damages to a truck owned by him, resulting from a collision with an automobile driven by the defendant Mary Horn. Prom this judgment the defendants Horn appeal.

• The record shows that just preceding the collision the plaintiff was driving a truck from a private road on to the highway known as and called the “Roosevelt Highway”, leading to Crescent City. At the time the plaintiff drove on to the highway in question and turned to the right, facing Crescent City, the defendant was driving her car in the direction of Crescent City, and was, at said instant of time, about 255 feet distant from the private road just referred to. The defendant was driving on the Roosevelt highway, as stated, in the direction of Crescent City. At the time of the impact of the two cars, the record shows that the right-hand wheels of the plaintiff’s' truck were within a foot of the extreme right-hand side of the improved highway. While the truck was in this position, it appears that the defendant Mary Horn drove her car so close to the plaintiff’s truck as to come in contact with the left fore-wheel thereof, damaging the truck to the extent found by the trial court. The record shows that at the time the truck was driven upon the highway, the defendant’s car, then traveling on the right-hand side of the highway, turned to the left side thereof. Measurements were made of these tracks, and thus the distance was shown as above stated.

The cause was tried without a jury, findings were waived, and judgment entered by the court, assessing damages in the sum of $695.75. The defendants filed a cross-complaint, and the Insurance Company filed a complaint in intervention. There are no specifications of error; no argument is made by appellants that the testimony is insufficient, and the only point made is that at the time the truck emerged from the private road to the highway, that the defendant Mary Horn, driving her car as aforesaid, had the right of way. This is based upon the provisions of subdivision b of section 131 of the California Vehicle Act of 1927, which then read: “The driver of a vehicle entering a public highway from a private road or drive shall yield the right of way to all vehicles approaching on said public highway.”

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