Clements v. Donohue

PIERCE, P. J. Plaintiff appeals from a judgment following a defense verdict in a personal injury action. The ear in wMch plaintiff was riding was hit by defendant* who had “run a stop sign” in violation of Vehicle Code section 22450, [418]which requires the driver of a vehicle approaching an intersection posted with a stop sign to stop. The only question on appeal is whether defendant produced evidence sufficient to justify the jury’s implied finding that violation of the statute was excused. We have decided that he did.

The accident happened at the intersection of Madison and Manzanita Avenues in Sacramento County. At the point of the accident Madison runs east and west, Manzanita north and south. The point of impact was in the northeast segment of the intersection. The intersection was posted with signs for a four-way stop, but, as regards westbound travel on Madison, it was, as we shall show hereinafter, inadequately posted.

On January 17, 1961, at approximately 9:25 p.m., Mrs. Eose Benner, the driver and owner of the car in which plaintiff was riding, driving north on Manzanita, approached and stopped at the intersection. There were no other ears stopped at the intersection and, although there were others approaching, she “thought that it was safe” (since they were required to stop) and she proceeded on into the intersection.

The night was cloudy and it was dark. There was no street light at the intersection. There were then three service stations on intersection corners. There is evidence that one of them was open and lighted, no evidence regarding the other two.

Defendant was westbound on Madison. He was driving with the left side of his vehicle between 1 and 2 feet from the center line. His speed was between 40 and 45 miles per hour and he slowed down as he approached the intersection. This approach was from around a curve which commences one-tenth of a mile east of the intersection. The curve is to the north. When he was 100 feet back from the intersection he observed the northbound Benner car. It was then stopped at the entrance to the intersection. He had never traveled this highway before and looked to see whether any stop sign directed him also to stop. Observing none, he assumed the Benner car was making a required stop to yield the right of way to westbound Madison Avenue traffic and he continued on. He then noticed the Benner car crossing the intersection in front of him too late to avoid the accident although he applied his brakes and swung to the left in his endeavor to do so. His vehicle laid down 59 feet of skidmarks. The front of his car struck the right side of the Benner car.