Farole
Farole v. Eichman
Opinion
Opinion
Gibson, J.
A bicycle upon which plaintiff was riding with another boy was struck by a truck owned by defendant corporation and driven by defendant Eichman. A jury awarded plaintiff damages for the injuries which he received, and defendants have appealed from the judgment rendered against them.
On the day of the accident plaintiff, who was 14 years old, and his friend, Louis, 15, were together at the intersection of Broadway and Junípero in the city of Long Beach. The two boys spent some time in a drugstore on the northeast corner of the intersection and then left there intending to cross Broadway to another shop which was located on the southeast corner. Louis, who had his bicycle with him, got on its seat in order to ride it across the street, and plaintiff sat on the handlebars, facing frontwards, with his feet hanging down. It was 7 :40 p.m. on a September evening, the weather was clear and dry, the street lights were on, and the intersection was well illuminated. Louis waited for a westbound ear to pass, pedalled the bicycle into the pedestrian crosswalk, and moved across Broadway at a speed of 3 miles per hour, with plaintiff riding on the handlebars. At a point in the crosswalk about…