McNett v. Volfi

LANGDON, J.

This action was one for personal injuries as a result of a collision between an automobile owned by the plaintiff and in which she was riding, according to her contention, as a guest, and one owned and operated by the defendant, John Volfi.

The collision occurred at the intersection of 36th Street and 4th Avenue, in the city of Sacramento, which cross each other at right angles. Sacramento Boulevard, running from the northwest to the southeast, includes within its boundaries the northwest corner of the said intersection. At the time of the collision the automobile in which the plaintiff was riding was proceeding north on 36th Street and the defendant was driving his Ford delivery truck east on 4th Avenue. The following extract from the testimony of the defendant will explain the accident: “I was coming from the west, going east on Fourth Avenue; when I got down about the crossing, a machine was going across Sacramento boulevard, I was going southeast—going east. So I was turning my eyes on the car there, kind of side-ways, watching the car coming up; when I got about three feet I saw the Taylor car, and I applied my brakes, but it was too late so we came to a crash. Q. In other words, you

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mean to tell the jury you never saw Mr. Taylor’s car crossing until you were within three feet ? A. Three feet of him. Q. Did you at any time look towards 36th street to your right to see if a car was entering this intersection? A. I did not. Q. Did you ever see Mr. Taylor’s car being driven over 36th Street as you were coming into the intersection until the time you were within three feet of him? A. No. Q. Why didn’t you see his car before he came into the intersection after he passed into— A. I told you I was watching the car that was crossing Sacramento boulevard.”

A portion of the transcript of the defendant’s testimony, given in another action growing out of this same accident, was read into the record in the instant case, as follows: “I was going east, and he was going north; I was about—coming down this way between the curb and the car track; as I made the mark, I should judge between 15 and 17 miles an hour, I was looking ahead, right straight ahead, more to the left—I did not look to the right; I did not see Mr. Taylor’s car until I was a few feet away from him. I did not have time to apply my brakes or nothing.”