Finerty v. Perrin

WOOD (Parker), J. Judgment was for defendant in a nonjury trial for damages for’ personal injuries resulting from an automobile collision.

In November, 1952, about 6 p. m., plaintiff Patricia Finerty, 14 years of age, was riding as a guest in a Hudson automobile that was being driven by Charles Coons, 17 years of age, in a northerly direction on Reservoir Street in Pomona. Defendant was driving a Ford automobile in a southerly direction on that street. The main traveled portion of that street is paved and is about 16 feet wide. On each side of that portion there is a 7-foot shoulder. County Road, which is a paved street that extends east and west and is about the same width as Reservoir, intersects Reservoir Street. The collision occurred at that intersection while defendant was making a left turn onto County Road. There was no signal, stop sign, or artificial light at the intersection. It was an “open country intersection.” The lights on the automobiles were lighted.

The court found that the sole proximate cause of the accident was the negligence of Coons.

Appellant contends that the evidence was insufficient to support that finding.

Coons testified that when he was about 150 feet from the intersection he was driving about 55 miles an hour, and he took his foot off the accelerator to slow down for a car on County Road that had stopped at the west entrance of the intersection. He did not remember whether, at that time, he saw any car on Reservoir coming toward him. Just before the impact he saw “something shiny,” chrome, or something. He did not remember anything about the collision except that he got out of his car and saw that Patricia’s nose and face had been injured.

A police officer, called as a witness by plaintiffs, testified that he arrived at the scene a few minutes after the accident occurred. There was debris on the north side of County Road approximately on the line of the shoulder and the paved portion. The point of impact was about “ten feet west of the east shoulder of Reservoir.” When he arrived there the front end of the Hudson (Coon’s car) was 24 feet north of the north line of County Road and the right front wheel was about 3 feet east of the paved portion of Reservoir. The Ford was about 33 feet north of the north line of County [537]Road. The front of the Hudson and the right front of the Ford were damaged.