Lake v. Churchill

HOUSER, P. J. From a judgment that was rendered

against defendant in an action to recover damages for personal injuries which were alleged to have been caused by the automobile of defendant striking the husband of plaintiff, and which resulted in his death, defendant has appealed to this court.

From a consideration of the evidence that was produced on the trial of the action, as well as from the findings of fact that were made thereon, it appears that, in general, the facts were assumed to be as follows: At a time very shortly preceding the happening of the accident in question, which occurred at about 9:40 o ’clock P. M., apparently it was con-[412]eluded by the trial court that Mr. Lake had left his home, ostensibly for the purpose of visiting a drug store that was situated at an intersection of two streets which was located about three or four blocks from where he resided. However, as far as is disclosed by the evidence, no one saw him in that vicinity until after the accident had occurred, when his lifeless body was found lying in the street at a point located about sixty feet, and at a right angle, from the nearest property or sidewalk line of the intersection. Within “about forty seconds, preceding that time, a boy fifteen years of age, who was employed in a drug store which fronted on one of the intersecting streets, heard a “thump”, and on investigation of the cause thereof, discovered the prostrate body of Mr. Lake, and immediately started in search of a police officer. At the time when the boy emerged from the drug store, no automobile that was in motion was within his vision, but when he returned to the scene after he had left it as aforesaid, which was within from three to seven minutes after he had discovered the body of Mr. Lake, defendant was approaching, or was in the very near vicinity of, the place where the body lay. She was in the street, either very close to the body, or walking near the sides of automobiles that were parked alongside the curb. Thereafter, she made various statements from which it might have been inferred that she knew that her automobile had struck Mr. Lake. It had been parked at a distance of 165 feet from the sidewalk line of the intersection; and thereafter was impounded by the police officers. On close examination, certain marks and conditions appeared thereon, from which it also might have been inferred that it had suffered a recent collision of some sort. Approximately 22 feet from the point where the body of Mr. Lake lay, and on the nearest line therefrom to a point in the nearest line of the pedestrian lane of the intersection, Mr. Lake’s spectacles were found; likewise a “nickel” in very close proximity thereto.