Sisley v. Cole

ARCHBALD, J.,

pro

tem.

On the morning of July 6, 1930, plaintiff H. L. Sisley and his family, including his five

[5]

year old son, the plaintiff Danny Sisley, who was injured in the accident which gave rise to this suit, left Alhambra with the family of Charles T. Allen, which included his wife, Belle Allen, and his son Norman, each family traveling in their respective automobiles. At about 10:30 or 11 o’clock they stopped for lunch in the shade of some trees on the northerly side of the boulevard in the city of Santa Barbara, but not in a residence or business zone where, limited speed regulations prevailed. Both cars were parked parallel with and from eight to ten inches from the northerly curb, the Siáley car in front and the Allen car from six to eight feet behind it. After lunch Mrs. Allen was standing in front of the Sisley car, holding Danny, who was sitting on the radiator. She put him down on the pavement and he immediately walked around to the side door of the Sisley car on the street or left side thereof. As she watched the boy, who was holding to a string which fastened some luggage to the car, she “heard a slight collision, like the scraping of two cars”, whereupon she “looked up quick, and just then this car [defendant’s] looked as if it was coming right at me”, and “I jumped back and turned half way around when the car went by”. Defendant’s car was “right opposite” the Sisley car when Mrs. Allen first observed it, and out in the street “about a foot and a half ... It was zigzagging, going back and forward; ... it looked as if it was going to cut right in front of Mr. Sisley’s car.” She did not see the car strike Danny, but next saw him as “he rolled out from under” defendant’s car after it passed her, “10 or 12, maybe 15 feet from the north curb”.

The mother of Danny testified that she saw the boy walk around to the side of the car after he was placed on the pavement by Mrs. Allen, and that she then walked back to the right side of the car, where she was heating milk for the baby, and that as she “reached down to pick up the bottle I heard a slight collision. Q. "What did that sound like? A. I thought somebody had hit the back of one of the cars, my first impression, it sounded like metal hitting, like a scrape; . . . and I looked across the hood and I saw Mrs. Allen. She jumped back. I saw this [defendant’s] car go on, and about 30 feet more I saw this child roll out from the back of the car. ... I did not at the time realize it was my little boy.” Mr. Allen also testified to hearing a