Sheridan v. Epps

MUSSELL, J. Defendant appeals from a judgment in favor of plaintiff in an action for damages for personal injuries arising out of an automobile accident. The case was tried by the court without a jury and it is the contention of appellant that the findings are not supported by the evidence; that they are in direct contradiction thereof; and that the conclusions of law are likewise unsupported.

The accident occurred between 7 and 8 a. m. on May 30, 1952, on Pacific Highway (U. S. 101) in the city of San Diego, approximately a quarter of a mile south of the Balboa [148]Avenue intersection, north of Mission Beach. The highway extends generally north and south in this area. There are two northbound and two southbound traffic lanes separated by a small “island,” and there is a road shoulder adjoining the outside southbound lane sufficient in width to park a car completely off the highway. Defendant was driving south in the outside or westerly lane at a speed of approximately 35 to 40 miles per hour. In the immediate vicinity of the point of collision a car was parked, headed south on the west shoulder of the highway, and a young man was standing near it attempting to stop a passing car for assistance. Defendant, seeing the parked car and the man standing at the rear of it with his hand raised, in an attempt to stop approaching cars, stopped to lend aid.

In his deposition Epps stated that he traveled 20 yards beyond the parked car before coming to a stop; that he looked in the mirror and saw a Nash automobile southbound in the inside lane but saw no other cars; that he angled over and pulled up in front of the parked car; that he did not know whether the back end of his car was out in the lane of traffic or not; that he pulled his car to a stop, looked out, called to the man at the parked ear, and was intending to back up, but before he had an opportunity to do so, plaintiff’s ear collided with the rear end of his, Epps’, automobile. However, Kenneth Perrin, a traffic officer who arrived at the scene immediately after the collision, testified as follows:

“A. I asked Mr. Epps how the accident had happened and he said he was driving south on the highway and in the lane “S-l” and he saw this car parked on the shoulder of the road there, apparently in trouble, very evidently in trouble, so, he thought he would stop and assist the man, but in so stopping, he stopped too far beyond the car that was disabled, and he said that he stopped, he put his car in reverse and started backing up, and then this other car ran into him. ’ ’