Hodges v. McCullom

TUTTLE, J. This action was brought to recover for personal injuries, medical expenses, and damages to the automobile of plaintiff. After trial by the court, findings were entered in favor of respondent, and judgment for $1276.40 entered against defendant, who now appeals therefrom.

There are, in reality, only two grounds urged for reversal, although they have been subdivided into six by appellant. The first is the insufficiency of the evidence to support the findings, and the second is that the damages are excessive.

Taking up the first ground, it appears that the collision resulting in the injuries was the usual intersection case—a type of accident 'which is sometimes very difficult of solution. In detailing the facts, we must necessarily give plaintiff’s version. We “must accept as true all evidence tending to establish the correctness of the finding or verdict, and . . . must consider it in the most favorable aspect toward the prevailing party, and give to him the benefit of every inference that can reasonably be drawn in support of his claim.” (2 Cal. Jur., sec. 515, page 880.) On October 27, 1937, at 7:00 a. m., plaintiff was driving his automobile in a southeasterly direction on State Highway No. 39, near [43]Tulelake, Siskiyou County. It was daylight, and the weather was clear. He was approaching the intersection with the Old Merrill-Tulelake Road (Third Street), at about twenty to twenty-five miles an hour. Defendant was driving at about the same speed, approaching the intersection on Third Street, and traveling in a southwesterly direction, the roads meeting at a right angle. At the northeast of the intersection there is a “stop” sign facing north, and toward the oncoming traffic moving toward Tulelake and all cars entering the intersection with Highway 39. There is a one-story building on the same corner as the “stop” sign, a few feet from said sign. The fenced right-of-way for Highway No. 39 is one hundred feet in width. The building, of course, is off the right-of-way. The manner in which the collision occurred is thus testified to by plaintiff:

“A. Well, I seen his car coming. Of course, as I said awhile ago, back behind those buildings. Naturally, I figured he would stop. I was going on through Tulelake. I didn’t make a stop there, and I figured he would stop naturally. The first thing I knew, when I come along by the cross-road there, you know, he come right on in front of me. He never stopped at the stop sign or nothing. He was perhaps 30 feet or closer when he come in front of me. Q. Who first entered the intersection of the road? A. Well, I think I did from where the cars hit. It showed that I had, anyway. I think I entered first. Q. That is, did you see where his car was with relation to the intersection when he entered the intersection? A. Well, he was coming right on the edge of Ihe highway. Q. And where were you? A. I was just entering the intersection. He was nearly to the edge of the highway at that time. Q. At what rate of speed were you driving when you entered the intersection. A. Anywheres from 20 to 25 miles; not over 25. ’ ’