Rothschild
Smith v. Rothschild
Opinion
Opinion
Spence, J.
This action for damages for personal injuries was tried before a jury and resulted in a judgment in favor of plaintiffs for the sum of '$7,500. Defendant appeals from said judgment.
Appellant’s main contention is that “plaintiffs were guilty of contributory negligence as a matter of law and the alleged negligence of the defendant did not proximately cause the accident”. In support of this contention appellant argues the facts at length, but cites no authorities to sustain her position. The essential facts may be briefly, stated. Respondents were riding on a motorcycle coming down the grade in an easterly direction on a winding road running from Woodside toward Redwood City in San Mateo County. Appellant was driving an automobile in a westerly direction along said road. The parties approached a curve in the road at about the same time. At this point the road was about 19 feet wide with a bank on the south side thereof which obstructed the view of the parties as they approached said curve. There was a white line along the center of the road, respondent’s side of the paved highway being approximately 9 feet in width and appellant’s side of the highway being approximately 10 feet in…