McNamara v. San Diego Transit System

MUSSELL, J. This is an action for damages for personal injuries sustained by plaintiff Alice McNamara when she was struck by a San Diego Transit System bus. The accident occurred June 19, 1952, at approximately 1:45 a. m. near the intersection of 16th and Island Streets in San Diego. Sixteenth Street is a through boulevard and runs north and south and Island Street runs east and west.

Plaintiff spent the evening before the accident with a friend (Mrs. Callari) and at about 10:30 p. m. they got in Mrs. Callari’s car and “drove over to Carl’s Dine and Dance,” an establishment located on the east side of 16th Street, south of Island Street. They parked the car on the west side of 16th Street, facing south, and a few feet south of the intersection. They then walked across 16th Street to Carl’s Dine and Dance where they met friends, danced and drank about three bottles of beer. They left the café about 1:15 a. m. and walked north on 16th Street to the entrance of a building on the southeast corner of 16th and Island Streets. This entrance was about 12 feet south of the corner of the building. They there discussed entering the building to play a game of shuffleboard, decided it was too late, and started across 16th Street to Mrs. Callari’s car.

Mrs. McNamara testified that before she started across the street she looked to the north to see if there were any cars coming; that she saw lights to the north about a half or three-quarters of a block away; that assuming that this vehicle was a safe distance away, she and Mrs. Callari then walked across the street; that when they were in the center of 16th Street, Mrs. Callari started to run and called to plaintiff to “come on” or “hurry”; that she started around Mrs. Callari to get in on the other side of Mrs. Callari’s car; that she was 10 or 15 feet south of the corner; that at the time the impact occurred she became unconscious and did not recall anything until she was in the hospital; that there was no marked crossing at the intersection of 16th and Island Streets.

Mrs. Callari testified that as they started across 16th Street she saw lights about a block away; that when she and Alice McNamara were about halfway across the street she saw the bus a second time; that it was coming fast “So I ran”; that she estimated the bus was traveling between 30-40 miles per hour; that as she ran she did not look ■ back to see what happened to Mrs. McNamara; and that she next saw her under a car.

Dale McSherry, the operator of the bus, testified that he [141]