Huffman v. Voth

BARNARD, P. J. This is an appeal from a judgment of dismissal after the granting of a motion for a nonsuit. The [306]action-was one for damages arising out of the collision of two automobiles which occurred on July 12, 1946, at the intersection of Central Avenue and Jackson Street, two country roads near Wasco. Central Avenue runs north and south and Jackson Street runs east and west. Bach road was 40 feet wide between property lines and each had an oiled roadway in the center about 16 feet wide, with dirt shoulders 2 to 4 feet wide on either side. There was no stop sign at any corner of this intersection and no white line on either street. There was a house on the southeast corner of the intersection and a cowpen on the southwest corner. There was a 20-acre plowed field on the northwest corner and a 40-acre plowed field on the northeast corner. Neither field was fenced and there was nothing on the 40-acre field to obstruct the view of a driver approaching the intersection from the north or one approaching the intersection from the east.

At about 5:30 p. m. on the day in question the plaintiff Huffman, driving a Chevrolet sedan owned by the plaintiff Van Eman, was driving west on Jackson. He had stopped at a point 300 feet east of this intersection and was proceeding at a speed of approximately 20 miles an hour. At the same time the defendant was traveling south on Central at a speed of 60 miles an hour. The vehicles collided in the northwest corner of the intersection at a point when the rear of the Chevrolet was 23 feet west of the east property line of Central, as extended, and 15 feet south of the north property line of Jackson, as extended. In other words, the front end of the Chevrolet had almost crossed the intersection when the collision occurred. Skid marks made by the Buick extended southerly on Central 36 feet to the point of impact and 50 feet beyond that point, the car stopping on Central south of the intersection. The' Chevrolet stopped 53 feet southwest of the point of impact, after passing through a fence. The front of the Buick struck the rear half of the right side of the Chevrolet. The plaintiff Huffman regained consciousness only after being taken to a hospital. The defendant later pleaded guilty in the justice’s court to a violation of the right of way provision of the Vehicle Code.

The defendant testified under section 2055, Code of Civil Procedure that he approached this intersection at a speed of 55 to 60 miles an hour; that his view ahead and to the left was unobstructed; that he did not see the Chevrolet until he was 50 or 60 feet from the intersection; and that the Chevro