Hill v. Jacquemart

TYLER, P. J.

This is an action to recover damages for injuries sustained to person and property as the result of a collision between two automobiles and between one of them and a telephone pole immediately thereafter. Judgment went for plaintiffs against both defendants and the appeal is from such judgment.

The accident occurred at the intersection of Russell Street and College Avenue, in Berkeley. The- first-named street

[499]

runs approximately east and west and the latter north and south. Plaintiff Nellie P. Hill was driving a Dodge automobile in an easterly direction along the southerly side of Russell Street, and at the same time defendant Mrs. Aehille Jacquemart was driving a Franklin sedan in a northerly direction along the easterly side of College Avenue, both being headed toward the intersection of the two named streets. It was Mrs. Hill’s intention on reaching the intersection to turn to her right and proceed southerly along College Avenue. It was Mrs. Jacquemart’s purpose upon reaching said intersection to turn completely around thereon and to stop in front of a garage situated on the westerly side of College Avenue a short distance south of the intersection. Both vehicles were being driven at a lawful rate of speed, not exceeding fifteen miles an hour. Mrs. Jaquemart entered said intersection and proceeded to circle the central point thereof. Mrs. Hill did not observe the maneuver until the Franklin car was about its length from her and heading in a southwesterly direction, and Mrs. Jacquemart did not observe the Dodge automobile until the two cars were about four feet apart. As Mrs. Jacquemart was making this turn she observed a third automobile' approaching rapidly from the north, and for a moment was uncertain whether said automobile would continue along the westerly side of College Avenue on which it was traveling or swing over to the easterly side of said street, which it finally did, and thereupon Mrs. Jacquemart proceeded to complete her turn. It was at this moment that she first observed the Dodge automobile turning southerly on said interesction about four feet away, and she applied her brake for the purpose of preventing a collision. She did not succeed in doing so, and the end of the bumper on the right-hand side of her automobile came in contact with the left rear fender of the car driven by Mrs. Hill, which at this moment was headed in a southeasterly direction a few feet from the curb on the southwest corner of said streets. Seventy-six feet south of the southerly curb on Russell Street there was a telephone pole situated between the curb on College Avenue and the cement portion of the sidewalk; and immediately after the collision the speed of the Dodge automobile noticeably increased, and thereupon it was turned toward the curb on the westerly side of College Avenue, and about midway