Ederer v. Shanzer

STURTEYANT, J.

In an action to recover for personal injuries sustained in an automobile accident the plaintiff was awarded a verdict and from the judgment entered thereon the defendant has appealed.

Late in the afternoon, but before sunset, a collision occurred between the motorcycle operated by the plaintiff and a Ford automobile operated by the defendant. The collision occurred at the crossing of Sixth Street and Mission Street in San Francisco. On Mission Street there is a double street-car track running east and west. On Sixth Street there is a double street-ear track running north and south and crossing Mission Street at right angles. There is also at the crossing a cross-over from the westerly track on Sixth Street to the southerly track on Mission Street. The plaintiff had come south on Sixth Street to the northern property line of Mission Street at a time when the automatic signals indicated “stop”. He brought his motorcycle to a full stop at the property line. On the opposite side of the street a Chrysler automobile was stopped at the southern property line of Mission Street and was standing on the rails of the eastern car track in Sixth Street. It was the intention of the plaintiff to make a left-hand turn and go down Mission Street. When the signals showed “go” he advanced on a

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curve on his right-hand side of the cross-over. The driver of the Chrysler in the meantime was advancing on a straight line to the north. When the Chrysler car reached the south rail on Mission Street the driver signaled to the plaintiff to proceed. He did so and had crossed the Sixth Street rails and was at a point about four feet from the eastern rail when he observed the defendant’s car approaching from the south. At that time the defendant’s car was about four or five feet south of the southern property line on Mission Street. The plaintiff testified that the defendant’s car advanced at a speed of twenty-five or thirty miles per hour and paused as though it was going to stop and give to the plaintiff the right of way. The plaintiff continued on his way. The Ford car did not stop and the collision occurred a few feet east of the most easterly rail on Sixth Street.

The defendant contends that he was not negligent. The plaintiff contends to the contrary. He cites the statute [sec. 113, as amended] that the maximum speed allowed at the crossing was fifteen miles per hour and he quotes his own testimony to the effect that the defendant was driving twenty-five or thirty miles per hour at the time of the impact. The defendant denies that fact and contends he was not traveling more than five miles per hour. He lays particular stress on certain physical facts which he claims support his testimony and refute the testimony of the plaintiff. These conflicts were clearly for the jury and may not be disturbed by a court of review.