Beatty v. McGuirk

BURROUGHS, J.,

pro tem.

This is an action for personal injuries. A decision was heretofore rendered in this cause modifying the judgment as to the defendants Wiegmann and the Lewald Coal Company, a corporation. Upon their petition a rehearing was granted. After further consideration, we are satisfied that the judgment should be affirmed as entered.

The court found that O’Farrell and Larkin Streets in San Francisco are public thoroughfares and intersect at right angles; that O’Farrell Streets runs easterly and westerly and Larkin Street runs northerly and southerly; that each of said streets from curb to curb at said intersection are forty-four feet and nine inches wide; that a one-way street-car line runs along 0 ’Farrell Street through said intersection; that running through said intersection on Larkin Street is a two-way street-car line; that the distance from the northerly rail of said O’Farrell Street track to the northerly curb of O’Farrell Street is nineteen feet and eight inches; that at the time of the accident plaintiff was walking in a southerly direction on the sidewalk on the easterly side of Larkin Street, toward the intersection of Larkin and 0 ’Farrell. Streets; that about the time plaintiff arrived at the northeasterly corner of Larkin and O’Farrell

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Streets, and before he had stepped from the sidewalk, defendant McGuirk drove a Dodge automobile in an easterly direction along 0 ’Farrell Street, through the intersection above referred to; that at said time and place McGuirk drove said automobile at an excessive, dangerous and unlawful rate of speed, to wit: at a speed of approximately thirty miles an hour; that a very short time after McGuirk entered the intersection Wiegmann driving a certain Ford automobile in a northerly direction along Larkin Street entered said intersection at a careless, dangerous and unlawful rate of speed, to wit: at a speed of approximately twenty-five miles an hour; that defendant Wiegmann did not see the automobile driven by defendant McGuirk until after both of said automobiles had entered said intersection and until a passenger in said Wiegmann’s car warned him; that for the purpose of avoiding a collision between said automobiles defendant McGuirk swerved to his left from about the center of said intersection over to the northeasterly corner of said intersection and partly on to the sidewalk; that the left front wheel of said automobile struck plaintiff’s right foot, inflicting injuries upon the person of plaintiff; that when defendant Wiegmann saw the automobile of defendant McGuirk as aforesaid, Wiegmann swerved his automobile in said intersection to the right. This was done for the purpose of avoiding a collision with defendant McGuirk’s automobile; that for a short distance both of said automobiles ran in parallel courses in a northeasterly direction, with their running-boards not more than twelve inches apart. In swerving to the right defendant Wiegmann drove his Ford automobile in such a manner that the left front wheel of his said car crossed and ran to the north of the northernmost rail of the street-car track on O’Farrell Street. Defendant Wiegmann succeeded in turning to his right and going easterly on O’Farrell Street without bringing his automobile into collision with that of the defendant McGuirk, or with the plaintiff’s body; that there was sufficient space between the left side of said Wiegmann’s automobile and the northerly curb line of O’Farrell Street for defendant McGuirk to have driven on down 0 ’Farrell Street in an easterly direction and on the wrong side of O’Farrell Street, without running upon the sidewalk and injuring plaintiff as aforesaid; that said accident happened very