Purcell
Purcell v. Goldberg
Opinion
Opinion
Knight, J.
Plaintiff brought this action to recover damages for personal injuries sustained when her automobile was struck and overturned by one owned by the defendant Goldberg and driven with his consent by the defendant Caler. The action was tried before a jury, and a verdict rendered in plaintiff’s favor and against both defendants for $2,840.50. Judgment was entered accordingly, from which defendants appeal.
The accident happened about 9 o’clock at night on a wide curve on Market Street extension in the vicinity of Twin Peaks in San Francisco. The highway in that locality is built on a grade, and divided by a white line into two traffic lanes. Caler, accompanied by a young lady companion, was ascending the grade, traveling up the inner lane at a speed of about thirty-five miles an hour, and following closely behind another car. As he was about to round the curve and when approximately ten feet distant from respondent, who was descending the grade traveling down the outer lane at a lawful speed, he suddenly shot from behind the car he was following, headed across the highway, and struck the tire on the left rear wheel of respondent’s ear, causing it to overturn three times. Meanwhile…