Sharkey v. Sheets

KOFORD, P. J.

In this action a jury trial resulted in a verdict for the defendants. The action was commenced by the surviving widow and minor children of Thomas Sharkey, deceased, for the alleged wrongful death of said deceased claimed to have been caused by the negligent operation of a truck owned and operated by the defendants and respondents. The deceased was riding as a guest in a Ford touring car in the city of Los Angeles. The Ford, proceeding easterly on Whittier Street, made a left-hand turn into Hillvale Street and in doing so cut the corner. The truck was proceeding westerly on Whittier Street and collided with the Ford at a point west of the center of Hillvale and north of the center line of Whittier. In cutting the corner while making the turn, the driver of the Ford car was negligent, but the deceased being a guest, and in this case having no control over the operation of the car, was not guilty of contributory negligence. The jury by its verdict decided that the driver of the truck was not negligent in any way contributing to the injury or death of the deceased.

Appellants contend that the verdict is contrary to the evidence in that it must necessarily be true that the driver of the truck was guilty of at least some negligence. They contend that had the truck driver stopped a little sooner, checked his speed a little more, or swerved his truck a very little more a collision would not have occurred and, therefore, his failure to do some one of these things must be accounted as actionable negligence in this case.

[102]

The fact that the truck driver might have performed or omitted certain acts which would have avoided the collision does not prove that his failure to do so -was negligent and neither does it establish that any such acts or omissions would constitute a proximate cause of the injury and death of the deceased. The evidence convinces us that it was entirely a matter within the province of the jury to decide in this case that the truck driver was guilty of no actionable negligence.

The appellants claim reversible error in the action of the court in prohibiting counsel for the plaintiffs from asking the jurors, when examining them on their

voir dire,

whether they were interested as stockholders or otherwise in the Individual Indemnity Insurance Company.' The authorities hold that while it is improper for counsel unnecessarily to bring before the jury the claim or fact that a casualty company had undertaken to reimburse the defendant for such damages as may be awarded in the action, nevertheless, in a proper case and in a proper manner counsel is entitled to ascertain by an examination of the jurors whether any of them are so interested in any such casualty company as to make them interested in the litigation.