Robinson v. Clemons

This is an appeal from a judgment in favor of plaintiff in an action for damages resulting from a collision between an automobile he was driving with one that was being driven by the defendant. The accident occurred at the town of El Rio, Ventura County, at about 8 o'clock of the morning of December 24, 1915. At that time the plaintiff was driving in a southerly direction on a crossroad toward the city of Oxnard and the defendant was driving in a westerly direction on the state highway toward Ventura.

We gather from the record that these two roads do not cross each other at a right angle. The highway runs somewhat in a northwesterly direction; the northeast corner of the intersection being at an obtuse angle and the northwest corner an acute angle. The plaintiff was driving at a speed of between twelve and fifteen miles per hour. As he reached the north line of the state highway, he observed the defendant coming toward him at a distance of from 100 to 150 feet. The plaintiff proceeded across the highway a distance of about thirty-five feet when his car was struck by the defendant's, broken and injured, and himself hurt. The defendant's car was also damaged somewhat. *Page 663 [1] It is the claim of the appellant that the plaintiff was guilty of contributory negligence that brought on the injury. Thus, negligence is predicated on the claim that the state law then in force provided, "that in any event no person shall operate a motor on any public highway at a greater rate of speed than ten miles per hour when the operator's view of the road is obstructed, either upon approaching the intersecting way or in traversing a crossing or intersection of ways."

This charge of excessive speed against the plaintiff by the defendant does not come with very good grace from him, when we consider the speed with which he, himself, was traveling. The evidence shows that, while plaintiff was traveling thirty-five feet, the defendant traveled 100 or 150 feet. If the plaintiff with a speed of fifteen miles per hour traveled thirty-five feet while the defendant, approaching a crossing, traveled 100 feet, then the defendant was traveling at the rate of 42.9 miles per hour. If the distance covered by the defendant was 150 feet, while the plaintiff was going thirty-five feet, as is probable from the evidence, then his rate of speed was 64.2 miles per hour.

But from other considerations, the appellant's position is untenable.

1. The Motor Vehicle Act of 1915 did not go into effect until after this accident. By its terms it was not to be in effect, as to such matters as are here involved, until December 31, 1915, (Stats. 1915, sec. 22, subd. d, p. 410.) The act of 1913 [Stats. 1913, p. 639] was in force, but it did not contain any provision similar to the above in the act of 1915. It merely provided, "vehicles approaching an intersecting road, etc., shall be under control of the operator thereof so as to permit vehicles on the right of the vehicles approaching to first cross such intersecting road."