Heglin v. F. C. B. A. Market, Inc.

McCOMB, J. From a judgment in favor of plaintiffs after trial before a jury in an action to recover damages for the wrongful death of plaintiff Charles E. Heglin’s wife, defendant F. C. B. A. Market, Inc. appeals.

The evidence* being viewed in the light most favorable to the plaintiffs (respondents), the essential facts are:

About 7 p. m., October 7, 1942, a Ford truck owned by defendant F.C.B.A. Market, Inc. and driven by defendant Reynosa, an employee of the aforesaid market, in the intersection of Normandie Avenue and 208th Street, Los Angeles County, collided with an automobile driven by plaintiff Charles E. Heglin. As the result of the accident Mrs. Heglin, who was riding in the car with her husband, received injuries from which she died. At the time of the accident both cars were being driven with lights dimmed in compliance with war-time “dim-out” regulations.

Defendant F.C.B.A. Market, Inc. relies for reversal of the judgment on three propositions which will be stated' and answered hereunder seriatim:

First: Plaintiff Charles E. Heglin was guilty of contributory negligence as a matter of law in not complying with the requirements of (a) section 550 (b) of the Vehicle Code, and (b) section 525(a) of the Vehicle Code.

This proposition is untenable.

(a) Section 550(b) of the Vehicle Code requires that when two vehicles enter an intersection from different highways at the same time, the driver of the vehicle on the left shall yield the right of way to the driver of the vehicle on the right.

[805]This section is not applicable to the facts in the present case because the two vehicles did not enter the intersection at the same time. Mr. Heglin testified that while he was crossing the intersection of Normandie and 208th Streets, driving in a northerly direction, Mr. Beynosa, driving the truck owned by defendant F.C.B.A. Market, Inc., drove through a boulevard stop into the intersection and hit the automobile Mr. Heglin was driving.

(b) It is conceded that plaintiff Heglin was operating his car upon the right hand side of the highway but near the center thereof. Section 525 (a) of the Vehicle Code requires one driving on a public highway to drive on the right half and as close as practicable to the right hand curb or edge of the roadway. It was a question of fact for the jury to determine whether or not from the evidence in view of the “dim-out” restrictions plaintiff was driving upon the right-hand half of the highway as close as practicable to the right-hand curb of the roadway.