Safirstein

On December 5, 1958, plaintiff, appellant, was a passenger in a vehicle going southerly on Bayshore Highway, which was not then a freeway at the place of the accident. About a city block north of the intersection of Bay-shore Highway with Borregas Avenue, Rock, the driver of the car, changed lanes from the outside to the inside lane. He passed one car in the outside lane. There may have been a second car ahead in that lane. Rock testified that he drove at about 45 or 50 miles per hour.

Meanwhile, respondent Nunes, according to his testimony, had approached the Bayshore from the west on Borregas; had stopped at the arterial stop sign; had looked both ways on Bayshore more than once; had waited for two cars coming from the north to pass; had concluded that “the other cars were far enough back”; and had proceeded in low gear at about 5 miles per hour across the southbound lanes of Bay-shore. Just as his front wheels began to cross the double line down the middle of the road, Nunes was hit broadside by the Rock car. Rock could not estimate where he was when he first saw the Nunes vehicle. It seemed to be stationary, ahead of him. He testified that he applied his brakes, but the…