Coverrubias v. Brown

BARNARD, P. J. A Chevrolet automobile owned by 'Juan Gonzales and driven by his brother Basilio Gonzales [659]collided with an Oldsmobile automobile driven by the appellant Brown on April 23', 1932, at the intersection of Placentia, Avenue and Center Street near the city of Anaheim. George Coverrubias, a passenger in the Chevrolet, was killed in the collision and Jesus Coverrubias, another passenger, was injured. This action for damages was brought by the mother of the deceased, by the owner of the car and by the injured passenger, who was a minor. After a trial without a jury the court found that the defendant was guilty of negligence which was a proximate cause of the accident, that the driver of the other car was also guilty of negligence, and that the deceased and the minor plaintiff were not guilty of contributory negligence. This appeal is from a judgment entered in favor of the mother and the minor plaintiff.

The only question requiring consideration is whether findings to the effect that the appellant was guilty of negligence which was a proximate cause of the accident, are sustained by the evidence. No substantial conflict appears in the evidence in so far as material matters are concerned.

Placentia Avenue runs north and south. Center Street comes into it from the southwest at slightly less than a 90-degree angle, but does not extend beyond Placentia Avenue. The paved portion of each street is about 18 feet wide. The intersection was entirely surrounded by orange trees, except for a garage and service station at the northwest corner. At the time of the accident, which happened shortly after 9 o’clock at night, the Chevrolet car containing the three boys, all of whom had been drinking and one of whom was moderately drunk, was coming south on Placentia Avenue while the appellant’s ear, which had been coming east on Center 'Street, was making a turn to the north on Placentia. The night was clear and the pavement was dry. The appellant testified that as he approached the intersection he was driving on the right-hand or southerly side of Center Street; that he checked his speed and was almost stopped as he arrived at the intersection; that as he entered the intersection he looked both ways and saw the Chevrolet ear coming; that that car was then about 50 feet north of a 15-mile speed limit sign on Placentia Avenue, which sign was 300 feet north of the intersection; that he gave a left turning signal, shifted into second gear and proceeded to cross toward the easterly edge of [660]