Commonwealth Insurance of New York v. Riverside-Portland Cement Co.

CONREY, P. J.

Action to recover damages for injuries to an automobile belonging to one Wallace MacDonald. Plaintiff alleged that said injuries were caused by negligence of the defendant in its operation of an automobile, thereby causing a collision to occur between the automobile of the defendant and the automobile of said MacDonald. The plaintiff, an insurer of MacDonald against collision damage, brings this action as assignee of MacDonald after paying the amount of his loss. Judgment in favor of the plaintiff. Defendant appeals.

The sole point urged in support of the appeal is that the driver of the MacDonald automobile was guilty of contributory negligence which was a proximate cause of the collision. Negligence of the agent of appellant driving appellant’s car is admitted.

Immediately preceding the accident Mrs. MacDonald, wife of Wallace MacDonald, was driving the MacDonald car in a southerly direction in the city of Los Angeles, on Amez Avenue north of its crossing with Pico Street. Defendant’s automobile was approaching Arnez Avenue on Pico Street from the west. On arriving at or near the north line of Pico Street Mrs. MacDonald brought her car almost to a

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stop and then proceeded across Pico Street at a speed of from five to ten miles per hour. In her testimony she states that as she approached Pico Street there was nothing in the area designated as the northwest corner of the intersection, aside from some eucalyptus trees, to obscure her view toward the west; that the ground was level; that there was no growth of vegetation of any kind which would obscure her view across there; that the view was open and clear and that she was looking for cars approaching from the right; that when she came to a point near the north side of Pico Street she brought her ear practically to a standstill and looked in both directions to right and left; that she did not see any vehicle coming; that she then proceeded across the street and did not look to her right any more until she heard the crash caused by the automobile of defendant which struck her car.

John Hasemier, driver of defendant’s car, testified that he was going east on Pico Boulevard, traveling at the rate of about thirty miles an hour; that he first saw the MacDonald car when he was about 100 feet from the point of collision. Other witnesses testified that Hasemier approached Arnez Avenue at a speed very close to forty miles per hour.