Underwood v. Alexander

VAN DYKE, P. J. This is an appeal by the plaintiff from a judgment entered upon a jury verdict for the defendant. Appellant brought the action to recover damages for personal injuries received in an intersection collision between an automobile wherein she was riding as a guest, and which was making a left turn at the intersection, and an automobile driven by respondent.

[207]Herein, appellant contends that respondent was negligent as a matter of law and that the trial court committed prejudicial error in giving a certain instruction. The following is a statement of facts sufficient for the resolution of the issue proposed, culled from the record in accordance with the rule that the evidence is to he considered most strongly for the respondent and without regard to conflicting testimony: The collision occurred at 11:30 p. m. on March 18, 1953, at the intersection of Highway 40 and Georgia Street, a public road in Solano County. The intersection of the two roads is near the city of Vallejo, and Highway 40 runs north and south at that point. Respondent was driving his vehicle south and toward the intersection. Appellant’s hostess, a Mrs. Barker, was driving her automobile north toward the intersection. She intended to turn left and proceed on Georgia Street. Highway 40 at the point of the collision and for some distance on either side is a four-lane highway with the north and south lanes separated by a dividing strip. Approaching Georgia Street special lanes were provided for turning onto that street. Traffic at the intersection was controlled by green and red traffic control signals, but unlike other intersections in the vicinity there was no special traffic control signal for left turns. For example, when the signal for southbound traffic on Highway 40 was green at the intersection the signal was also green for northbound traffic on the highway and for traffic desiring to turn left into Georgia Street at the intersection. There was, however, a warning sign bearing the legend “two way signal, watch for opposing traffic.” In his southbound course on Highway 40 respondent approached its intersection with Georgia Street at a speed which he estimated to be about 35 miles an hour. (Another eyewitness estimated his speed at 60 miles an hour.) It was dark, rain was falling, the pavement was wet and his windshield wipers were operating. His automobile was in good mechanical condition and equipped with good tires and brakes. He was traveling on the inside traffic lane next to the dividing strip. Visibility ahead had a range of about 300 feet. Respondent was watching the road ahead as he neared the intersection. He had been over the road a number of times and was familiar with the intersection and with the system of traffic control signals. The light ahead of him was green at all times as he neared the intersection. He first saw the Barker car when he was about