Atchley v. Finley

SPENCE, J. Plaintiffs, who are husband and wife, brought this action to recover damages which were alleged to have been caused by the negligent operation of defendants’ automobile. Upon a trial by jury, plaintiffs had judgment against defendants for $3000 and from said judgment, defendants appeal.

The accident occurred on El Camino Real at the intersection thereof with Hobart Street in the city of San Mateo. Plaintiffs had been travelling in a northerly direction on El Camino Real and were making a left turn into Hobart Street when the automobile of defendants, which was travel-ling in a southerly direction, struck the right rear side of plaintiffs’ car with such force that the latter was turned [24]around and came to rest facing east at the southwest corner of the intersection.

It is conceded that the evidence was conflicting. Defendants claim that the evidence preponderated in their favor while plaintiffs claim that the evidence preponderated in their favor. We believe that a reading of the record tends to sustain plaintiffs’ claim in this regard but, in any event, there was abundant evidence to sustain the implied findings in plaintiffs’ favor.

The accident happened at about 8 o’clock on a clear night. The lights on both cars were lighted. El Camino Real is a wide, heavily travelled highway and the traffic at the Hobart Street intersection is controlled by mechanical signals. When plaintiffs arrived at a point near the Hobart Street intersection, the traffic signal was against them. They stopped their ear behind other cars and awaited the change of the signal. The north bound traffic was heavy but there was but little south bound traffic. After the signal changed they pulled into the intersection in low gear, awaited a break in the south bound traffic and then turned left. Plaintiffs had first seen defendants’ car when it was some distance away but it struck the rear right side of plaintiffs’ car before the latter cleared the intersection. The conflict in the testimony related mainly to the speed of defendants’ ear,’its course upon the highway and the course of plaintiffs’ car. Plaintiffs claimed that defendants’ car was negligently driven into their car while defendants’ car was proceeding at about 50 miles per hour in the lane next to the westerly curb and while plaintiffs’ car was being operated in a careful manner in making the left turn after proceeding beyond the center of the intersection. Defendants claimed that their car was proceeding at 25 miles per hour in the middle lane used by south bound traffic, and that plaintiffs negligently cut the corner and ran into the path of defendants ’ car in such manner that the accident could not have been avoided by defendants. It is not contended that plaintiffs’ car travelled at a rapid rate of speed at any point near the intersection.