Mosesian v. Crown Cleaners & Dyers, Inc.

MARKS J.

This is an action for damages resulting from the death of Paul A. Mosesian and instituted by the executrices of his last will and testament on behalf of his heirs under the provisions of section 377 of the Code of Civil Procedure. At the trial, one son, Suren P. Mosesian, waived all claims for damages on his behalf.

The Crown Cleaners and Dyers, Inc., is a California corporation having its principal place of business in the city of Fresno. At the time of the accident involved here, Joseph A. Gallant was driving one of its delivery trucks as its employee and upon its business.

Butler and Chance Avenues are public highways in the county of Fresno which intersect each other at right angles. Butler Avenue runs in an easterly and westerly direction. At the northeast corner of the intersection the city of Fresno maintains its fair grounds, which are inclosed by a tight board fence about eight feet in height and built ap

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proximately upon the property lines bordering the two streets. The intersection is an obstructed intersection as defined by the provisions of the California Vehicle Act, and motor vehicles traversing it from either the north or the east are limited, by subdivision two of section 113 of this act, to a speed of fifteen miles an hour.

On the evening of April 6, 1929, deceased and his son Suren P. Mosesian were traveling in a Chrysler sedan, which was being driven by Suren, on Butler Avenue approaching the intersection from the east. At the same time Gallant was approaching the intersection from the north in a small model “T” Ford delivery truck. The two cars came into collision three or four feet westerly from the center of the intersection. A disinterested witness described the action of the Mosesian car as follows: “The next time I looked the cars apparently had collided, or something had happened, because the Chrysler seemed to be sort of standing right on its nose, right on the radiator. Q. With the rear wheels up in the air ? A. With the rear wheels up in the air, yes. Q. When you saw it the Chrysler was nose down with the rear end up in the air? A. Tes. Q. What course did it take after that? A. The rear end sort of dropped over to my right, or to its left, that is, towards Chance, and it seemed to roll over sideways a couple of times. Q. Where did it come to rest? A. Well, when I got up there and stopped it was about the fourth tree down.” There was a row of fig trees on the south side of Butler Avenue which were about twenty-four feet apart.