Rosenbloom v. Western Auto Transports, Inc.

GRIFFIN, Acting P. J. The complaint alleges a cause of action on behalf of plaintiff Jerry Rosenbloom, individually and as special administrator of the estate of Eva Rosenbloom, deceased, to recover damages for personal injuries and property damage sustained by him, and for the wrongful death of his wife, Eva Rosenbloom, against Western Auto Transports, Inc., its driver and employee, Bernard J. Weaver, and Julius Hilfiker, executor of the estates of Samuel Hilfiker and Rosa Hilfiker, deceased, arising out of a claimed three-[337]car collision on April 6, 1950, on U.S. Highway 80, near Plaster City. It alleged that Jerry Rosenbloom was driving his DeSoto automobile in a westerly direction; that his wife was riding with him; that the Hilfikers were operating their Chevrolet automobile in an easterly direction; that Weaver was driving a Dodge tractor-trailer owned by Western Auto Transports, Inc., also in an easterly direction. It charged that all of these defendants so negligently operated their vehicles as to allow the Dodge tractor-trailer to collide with the Chevrolet, thereby causing the Chevrolet to collide with plaintiff’s automobile; that as a result Eva Rosenbloom and both Hilfikers were killed and Jerry Rosenbloom was injured.

The executor of the Hilfiker estates appeared by answer and denied generally and specifically the allegations of negligence, and the action was subsequently dismissed by plaintiff, without prejudice, as to such executor. Defendant and respondent Western Auto Transports, Inc., and its driver appeared separately and denied generally and specifically the allegations of negligence against them. The case proceeded to trial against the respondents. A jury verdict was rendered in favor of defendants and respondents. Plaintiff’s appeal is predicated upon claimed error of the court in refusing certain testimony and in disallowing plaintiff’s attorney the claimed right to read certain paragraphs of the pleadings to the jury.

The evidence shows that at the time of the accident it was a clear day in April, the pavement was 20 feet wide with 8 to 10 foot shoulders and marked with a white center line. Plaintiff was driving his DeSoto in a westerly direction on the northerly side of the highway about 40 to 50 miles per hour. Approaching from the opposite direction and traveling east were three vehicles, one, a highway maintenance dump truck traveling about 35 to 40 miles per hour; two, a Chevrolet automobile driven by Hilfiker, which had overtaken and had just passed the third vehicle, a 45-foot long Dodge tractor-trailer driven by Weaver, an employee of defendant Western Auto Transports, Inc., traveling about 45 to 48 miles per hour.