De Vito v. Peterson

ARCHBALD, J.,

pro

tem.

This is an appeal by defendants Pickwick Stages System, a corporation, and Charles C. Cheesbrough from a judgment in the sum of $3,500 against them, entered on the verdict of a jury. The remaining defendants have prosecuted a separate appeal, also decided this day

(ante,

p. 92 [25 Pac. (2d) 16]).

Cahuenga Boulevard is a paved highway 72 feet wide, running approximately north and south, with an upgrade

[101]

of 5.6 per cent to the north. Immediately west of this highway, at the point of the accident in question, are two roads paralleling the boulevard for a short distance, known as Woodrow Wilson Drive and Mulholland Highway which, come together near the scene of the collision and enter the boulevard through an opening in the west curb thereof, 64 feet wide. These roads enter but do not cross Cahuenga. On the day in question, while plaintiff was approaching said intersection from the north, driving approximately 10 to 15 feet to the right of the center of the boulevard, defendant Cheesbrough was approaching from the south driving a tow-car belonging to defendant Pickwick Stages System. Back of him about 15 feet, proceeding in the same direction, was a Buick coupe belonging to defendant Edna Shapiro and driven by defendant Jack E. Peterson, containing in addition the plaintiff in another case which grew out of the accident involved here and whose ease was the subject of a separate appeal, consolidated with the appeal hereinbefore mentioned. When the tow-car reached the center of the intersection above referred to it made a’ left turn. The Buick turned with it to the left and then speeded up from the 30 or 35 miles per hour at which it had been traveling to 40, 45 or 50 miles, depending upon which witnesses are most reliable, in the minds of the jurors. Plaintiff observed the tow-car in front of her and slowed down to 20 miles an hour. Reaching a point about 100 feet from the tow-car, which was then about 10 feet from the west curb of the boulevard extended, she saw the Buick pass between the tow-car and the west curb, coming in her direction at from 40 to 45 miles per hour. She testified she turned to the right to get out of the way of the Buick, which was “headed northeasterly”, and that “just as he got up to” her the Buick changed its course to the northwest and “right into my car . . . the left front”. Defendant Peterson testified that after he passed the tow-car he drove parallel to the west curb. The cars came together about “50 feet north of the north point of the north half of Mulholland drive” and about 5 feet from the west curb line of Cahuenga Boulevard.