Klein v. Milne

[73]

RICHARDS, J.

The plaintiff commenced this action against the defendants and each of them to recover damages for injuries to a certain Nash automobile received in a collision upon the state highway near Kingsburg, county of Fresno, state of California, on or about December 23, 1921. In his first amended complaint the plaintiff alleged that at said time and place his said automobile was being driven and operated by the defendants J. C. May and wife, on and along the highway going in a northerly direction; that the defendant Florence B. Milne was at said time and place the owner and possessor of a certain Chevrolet automobile and was driving and operating the same along said highway going in a southerly direction; that at said time and place the defendant William L. Iiovis was the owner and in possession of a certain Overland automobile and was driving and operating the same upon said highway following the said Chevrolet car and hence also going in a southerly direction; that as the said Chevrolet and Nash cars approached each other along said highway the said Florence Milne so negligently drove and operated her said Chevrolet car as to drive the same to the east of the center of said highway at a rate of speed in excess of thirty-five miles an hour; that at the same time the said William L. Hovis as the said Overland and Nash cars approached each other attempted to pass the said Nash and Chevrolet cars as they were passing each other and in so doing so carelessly and negligently drove and operated his said Overland car as not to allow a safe distance between said Overland and Chevrolet ears and also at said time and place drove and operated the same at an excessive rate of speed, to wit, in excess of thirty-five miles an hour; that the defendants J. C. May and wife, also at said time and place, so negligently and carelessly drove and operated said Nash car that said Chevrolet car and said Overland car by reason of the negligence and carelessness of each of said defendants then and there collided with and against the said Nash car and broke and damaged the same in the specific parts thereof enumerated in the complaint to the plaintiff’s damage in the sums set forth in his said complaint aggregating in excess of $800, for which he seeks a recovery against all of said defendants.

The defendants answered separately, denying negligence and liability to the plaintiff, respectively. The defendant