Sinsabaugh v. Clark

MARKS, J.

This action grew out of a motor vehicle accident which happened about 4 o’clock in the afternoon of December 18, 1928, in the intersection of Colton Avenue and Anderson Street in San Bernardino County. Colton Avenue runs east and west and Anderson Street intersects it at right angles. Appellant was riding south on Anderson Street in an automobile driven by Miss Y. M. Riddle. It came into collision with another automobile being driven east on Colton Avenue by respondent. Appellant and Miss Riddle were thrown to the pavement by the impact and seriously injured. They brought separate actions for damages, which were consolidated and tried together before a jury which returned a verdict in favor of respondent. This appeal is taken by appellant from the judgment entered following the verdict.

Appellant maintains that the evidence is insufficient to justify the verdict and judgment and that the verdict is contrary to law and the evidence; that errors of law prejudicial to appellant occurred during the trial, and that the court erred in giving instructions proposed by respondent. The only error of law occurring during the trial specified in her brief is the refusal of the trial court to grant her motion made at the close of the evidence “for a directed verdict against the defendant”. There was no error in the denial of this motion. We will not consider it separately as we must discuss the sufficiency of the evidence to support the judgment under the other specifications of error.

The evidence shows that Miss Riddle was a huckster engaged in the business of selling fruits, vegetables and other such produce from house to house, having done business with appellant for over a year prior to the accident. Some days prior to December 18, 1928, appellant told Miss Riddle that she wanted to purchase a milk goat. Miss Riddle found such goats for sale near Loma Linda and on the day of the accident was taldng appellant to see them.

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Miss Riddle would have received a commission from the owner,of the goats if a sale had been consummated.

Colton Avenue is a link in a main traffic artery leading from the city of Los Angéles easterly through Los Angeles County and into San Bernardino County, connecting the cities of Colton and Redlands in the latter county. Boulevard stop signs were posted on Anderson Street both north and south of its intersection with Colton Avenue. At the trial it was stipulated by counsel for both parties that by an ordinance of San Bernardino County, Colton Avenue was designated as a boulevard, and vehicles on Anderson Street were required to be brought to a full stop before entering the intersection. Upon this stipulation the case was tried on the theory that vehicles on Anderson Street were required by lawful enactment to stop before entering Colton Avenue. The ordinance does not appear in the record.