Callaghy v. Mosle

WARD, J. Plaintiff’s cause of action arose out of injuries sustained in an automobile collision which occurred at the intersection of Powell and Beach Streets in San Francisco on September 17, 1941. Beach Street runs east ánd west; Powell, upon which there are two streetcar tracks, runs north and south. Their intersection is obstructed within the meaning of the Vehicle Code, and there are no traffic stop or control signals of any kind on any corner. On the clear, dry morning of the accident, plaintiff was driving north on Powell Street at about twenty miles an hour, straddling the outer rail of "the easterly car track. When he was about twenty feet from [789]Beach Street he put his automobile into second gear and entered the intersection at five, six or seven miles an hour. He first observed defendant’s automobile when he was between the south property line and the curb line of Beach Street. At that time it was about 150 feet west of the westerly curb line of Powell Street and was being driven in an easterly direction about, in the middle of Beach Street at a speed of around forty-five miles an hour. Plaintiff continued on his way without changing his speed. He made his second observation to the west when he was about four or five feet from the center line of Beach Street. At that time defendant’s automobile was about twenty-five feet west of the westerly curb line of Powell Street. It was in the same position on the roadway and had not changed its speed. Upon plaintiff’s third observation, when he was four or five feet north of the center line of Beach Street, defendant’s automobile was “right on top of” him, the front thereof striking plaintiff’s ear at a point four or five feet north of the center line of the intersection. Plaintiff sustained injuries which necessitated hospitalization for approximately two weeks, during nine days of which he was confined to his bed. He was unable to return to his work as dock seaman until the middle of January, when, because of his condition, he was given light duties. He was unable to perform them, however, and laid off work for a month. He returned to work a second time and worked several months, but found it again necessary to “lay off.” Upon his third return to work, he was given a “light sweeping, janitor job. ’ ’ By reason of the accident he sustained loss of wages in the sum of $1,022 and incurred a bill for medical treatment in the sum of $74.25. The jury returned a verdict in his favor in the sum of $5,000.

On appeal defendant claims that the verdict is excessive and that plaintiff was guilty of contributory negligence as a matter of law.