Hollenbaugh v. Wickersheim

CRAIG, J.

An automobile driven by the appellant herein collided with another driven by respondent, who was by a jury awarded damages for injuries alleged to have been sustained by the latter. Motions for nonsuit, an instructed verdict in favor of the defendant, and for a new trial were denied. The defendant appealed from each of the orders denying said motions, and from the judgment.

It has repeatedly been held that it was clearly the intent of the legislature in abolishing appeals from such intermediate orders that all matters embraced within their purview should be considered upon appeal from the judgment.

(Green

v.

Duvergey,

146 Cal. 379 [80 Pac. 234] ;

Wilcox

v.

Hardisty,

177 Cal. 752 [171 Pac. 947].)

The facts disclosed by the deposition of the plaintiff, and upon his cross-examination by the defendant’s counsel, are not contradicted. He was proceeding in a southerly direction along the westerly side of Whittier Boulevard, in the city of Whittier, and as he approached Penn Street he

[3]

slackened his speed, indicating by his left arm and hand that he intended to turn toward the left, crossed the railroad tracks to the easterly side of the boulevard, and after looking down the street was proceeding toward the entrance of Penn Street, when the defendant’s car, going northerly on Whittier Boulevard, struck his machine and overturned it. He testified that as he turned one ear passed him, and that no other was nearer than fifty yards distant, that he signaled with his hand for a distance of about one hundred feet, and was looking at the “button” as he turned. To quote him, “I had my hand out, and looking for this button, and throwed my eyes up to see if there was any coming down on that side of the tract. ...” There was one “away up the street, but none close. . . . and was just going to take the steering wheel with the other hand . . . to make a square turn up around the button, up Penn Street. That’s all I know about it.” It is unnecessary to recite the details of respondent’s evidence in the main. Appellant elicited the foregoing facts from the plaintiff, and offered no other evidence in person nor by witnesses.