Mounts

Mounts v. Tzugares

Good Law
1935 Cal. App. LEXIS 1319·9 Cal. App. 2d 327·49 P.2d 883
Court of Appeal of CaliforniaOctober 4, 1935Civ. 9657California2,324 words

Opinion

Opinion

Sturtevant, J.

In an action brought to recover damages for personal injuries sustained in an automobile collision the jury returned a verdict awarding the plaintiff $28,000. From the judgment entered thereon the defendants have appealed.

The accident occurred on January 11, 1934, at about 4 o’clock in the afternoon. It was a clear day and the road and pavement were dry. The accident occurred on the road leading from Oakland to Stockton at a point about three-quarters of a mile beyond the town of Livermore. At that point a house known as the Schenoni residence stands on the north side of the highway and closely adjacent. West of that house the highway extends along a straight line for some distance. Commencing near the westerly end of the house the highway curves slightly toward the north. Generally speaking the highway pavement is 37 feet wide as the road approaches from the west. However, at a point where the curve commences the road is widened on each side and, at the focal point of the accident, the pavement is 43 feet wide. A white strip four inches wide extends along the middle, dividing the highway into two lanes. In the form of a crescent a side road commences at the highway, leads…

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