Eastman v. Rabbeth

MARKS, J.

This is an appeal from a judgment for damages suffered by respondent, who, on November 30, 1930, was struck by an automobile being driven by appellant on a public street in the city of Redlands.

We are not assisted by the testimony of any eye-witness of the accident. Respondent, who was of the age of seventy-eight years, was rendered unconscious by the accident and only remembered that he had been walking on a public street in the city of Redlands. Appellant did not testify. After the accident he was adjudged insane and had not been restored to competency at the time of the trial. While the record is incomplete in this respect we assume from the allegations of the answer that he was represented by a guardian

ad litem,

regularly appointed by the trial court.

The accident happened at or near the intersection of Cajon and Vine Streets in the city of Redlands. Cajon Street runs in a northwesterly and southeasterly direction.

[536]

Vine Street runs due east and west. Cajon Street is fifty feet wide between curbs with cement sidewalks fifteen feet in width on each side. A single-track line of a street railway runs along its center. At the southeast corner of the intersection the south curb of Vine Street joins the easterly curb line of Cajon Street on a broad return curve. At about the point where this curve joins the curb on Cajon Street there is a palm tree just inside the curb line and an electrolier about four and one-half feet northerly from the palm. Another palm and electrolier are similarly situated directly across from them on the westerly side of Cajon Street.

Police officers of the city of Redlands appeared on the scene of the accident immediately after it happened. They found respondent lying on the pavement, his body in a line diagonal to the railroad tracks, his head ten feet six inches easterly from the center line of Cajon Street and about six inches to the rear of the front bumper and slightly to the west of the left front fender of appellant’s automobile, which had been turned somewhat toward the easterly curb of this street. From this evidence we take it appellant was driving northerly on Cajon Street at the time of the accident. There were cuts and abrasions on respondent’s face but not on any other part of his head.