Farrar v. Whipple

NOURSE, J.

This is an appeal by the defendants from a judgment entered against both of them for damages arising out of personal injuries to the plaintiff Josephine Farrar and for damages to the property of plaintiff J. C. Farrar, her husband.

The facts of the ease are that the two plaintiffs were riding in an automobile owned and operated by plaintiff J. C. Farrar upon one of the public highways in the county of Contra Costa. The defendant Gielow was operating his automobile on the same highway in an opposite direction and at the time of the collision hereinafter referred to was towing an automobile owned and steered by the defendant Whipple. The car of the defendant Whipple had broken down a short time before and the defendant Gielow, at the former’s request and without compensation, was towing his ear with an ordinary tow-line of about fifteen feet in length. A short time before the collision another accident had happened on the highway in question and a number of ears were parked along the west side of the highway with their left-hand wheels standing about one foot within the paved portion of the highway. As the defendants approached these parked cars the defendant Gielow turned to the left and continued his course along the highway at a rate of speed of about ten or twelve miles an hour. At the same time the plaintiffs, approaching in another direction, passed Gielow’s car as they proceeded upon their right-hand side of the paved portion of the highway as far to the right as it was possible for them to travel without getting off the highway. The defendant Whipple while steering his car at this point directed his attention to the scene of the former accident and was looking at a man and woman who were lying upon the ground at the

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time. In doing this he failed to follow the line of the towing ear but turned his wheel directly to the left and into the car of the plaintiffs, causing the injuries which are the basis of the action. The paved portion of the highway at that point was about sixteen feet, while the dirt road beyond the paved portion of the highway extended about eight feet. At the time of the collision the plaintiffs’ automobile was almost entirely off the paved portion and running slowly upon the dirt side road. Judgment was rendered in favor of the plaintiffs, making an award for personal injuries suffered by the wife and also for the cost of repairing the automobile of the husband.