Asbury v. Goldberg

CRAIL, J. This action grew out of a collision between a motor truck and a Ford automobile, resulting in the death of Francis Asbury, the driver of the Ford automobile. The plaintiffs are the widow and sons of the deceased and the defendants are the driver of the motor truck and its owners. The accident occurred about 8 A. M. on February 28, 1934, at. the intersection of Olive and Maple Streets in the county of Los Angeles. Olive Street is a “through boulevard”, running east and west, paved with concrete and divided by painted lines into three lanes. Maple Street runs north and south, crossing Olive Street at right angles, and is paved with macadam. There were stop signs at the northwest and southeast corners of the intersection and under an ordinance of the county of Los Angeles it was unlawful for the-, operator of any vehicle traversing any “through boulevard” to fail, before entering upon such boulevard, to bring such vehicle to a complete stop at the place where such highway is crossed by the continuation of the nearest sideline of such boulevard. The intersection is neither in a business nor a residential zone and the northeast and southeast corners are unobstructed.

[72]■ At the time of the accident the weather was extremely foggy and the highways were wet and slippery. Visibility of an object without lights was about 25 feet and of an object with lights about 30 yards. The truck weighed about 6,000 pounds, was equipped with dual tires on the rear wheels and had four-wheel mechanical brakes. The truck had headlights, side clearance lights and a tail-light. There was evidence that all of them were lit prior to and at the time of the accident. At the time of the accident the deceased was driving his Ford north on Maple Street and defendant Groff was driving the truck west on Olive Street.

Judgment was entered in favor of the plaintiffs and against the defendants in the sum of $4,000 on the verdict ’of the jury which heard the case. The defendants appealed from the judgment and from the order of the trial court denying their motion for a judgment notwithstanding the verdict.

As grounds for reversal of the judgment, appellants urge six specifications of error. Among them are, first, that the evidence is insufficient to justify the verdict; third, that there was no conflict in the evidence and therefore the question of appellants ’ liability was a question of law for the court and not one of fact for the jury; sixth, that the court erred in denying appellants ’ motion for a directed verdict and for a judgment notwithstanding the verdict, and in denying appellants’ motion for a new trial. These may all be considered at once and will not be separately discussed.