Yack v. Tiffin

WOOD (Parker), J. Defendant appeals from a judgment upon a verdict in favor of plaintiff for $1,000 damages resulting from an automobile collision.

The accident occurred about 4 p. m. on January 31, 1943, in the intersection of Santa Monica Boulevard and Bdgemont Street, in Los Angeles. Santa Monica Boulevard extends in an easterly and westerly direction, is paved, and is 60 feet wide between curbs. There are two streetcar tracks on Santa Monica Boulevard, the outer rails of which are 18 feet apart, and each outer rail is 21 feet from its nearest curb. Bdgemont Street extends north and south, and intersects Santa Monica Boulevard. Bdgemont Street is 30 feet wide between curbs north of the intersection and 50 feet wide between curbs south of the intersection. The curb at the northwest corner extends about two feet farther east than the curb at the southwest corner. The curb at the northeast corner extends about 18 feet farther west than the curb at the southeast corner. There is a boulevard stop sign at the northwest corner of the intersection, requiring southbound vehicles on Bdgemont Street to stop before entering the intersection, and there is a boulevard stop sign at the southeast corner of the intersection requiring northbound vehicles on Bdgemont Street to stop before entering the intersection. A gasoline service station is on the northwest corner of the intersection, and it has driveways opening on both Santa Monica Boulevard and Bdgemont Street. At the time of the accident, plaintiff was proceeding east on Santa Monica Boulevard and when he had gone about 11 feet into the intersection, and was about 15 feet north of the south boundary line of the intersection, the right front fender of defendant’s automobile and the left front fender of plaintiff’s automobile collided. The automobiles interlocked and went about 38 feet in an easterly direction. -

Plaintiff testified that he was traveling approximately 25 miles an hour; that as he approached the intersection he looked “all over,” and at all four corners; that the only [228]vehicles he saw were two automobiles which were proceeding west on Santa Monica Boulevard; that he slowed up; that he was about 20 feet from the corner when he looked to the right, about 15 feet from the corner when he looked to the left, and he could see north on Bdgemont Street about 200 feet; that he saw defendant about five feet before the impact; that she was traveling in the same direction as plaintiff, and he saw her through his rear view mirror; that his rear view mirror was over his windshield and directly in front of him; and that he did not have time to avoid the accident. A portion of plaintiff’s deposition was read at the trial and it included statements that plaintiff did not know what direction défendant came from, and that he was about 10 feet from Bdgemont Street when he looked to his right, and about five feet from Bdgemont Street when he looked to his left.