Berlin v. Violett

YORK, J.

This is an appeal from a judgment rendered in an action brought by the plaintiff for damages for personal injuries resulting from an automobile accident. The automobile in which plaintiff was riding was being driven by defendant Mrs. Cross, when it came into collision with the automobile being driven by defendant Dr. C. C. Violett. An examination of the evidence discloses sufficient evidence to justify the court in refusing to grant defendants’ motions for nonsuit and directed verdict. An examination of the record discloses sufficient evidence to sustain the verdict.

As to the alleged error by the court in permitting plaintiff’s attorney to show that an insurance company might be interested in the case, the evidence was merely that a certain statement was made at the Long Beach office of the Automobile Club of Southern California. The record does not sho.w that any insurance company was interested in the matter, nor that insurance had been issued, nor that the judgment would be paid by any insurance company. There was no prejudicial error in allowing the introduction of evidence complained of on this point, nor in requiring a foundation to be laid for the admission of the statement which the co-defendant admitted that she had signed.

Appellant objects to certain instructions. He contends that the first instruction objected to was erroneous in that it does not provide that appellant was required

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to anticipate only those things which were reasonable, and that it places upon the appellant an absolute duty to anticipate vehicles at any point on the street, and to keep his car under such control as to avoid colliding with such vehicles, regardless of where they might be. In other words, that it takes from the jury the question of whether or not the matter to be anticipated was reasonably to be anticipated, and places upon the defendant the duty to anticipate all matter whether reasonable or not. He also contends that it takes from the jury the right to consider whether or not he had his automobile under such control as to anticipate those things which were reasonable, and states that he must have his automobile under such control as to avoid colliding with all things which might be in his way, whether reasonably to be anticipated or not.