Campbell

Plaintiffs, respondents and appellants, Amelia C. Campbell, Helen Campbell, Bettie Cobb and George M. Campbell, brought this action for damages against defendant and appellant City of Palm Springs, a municipal, corporation, and defendants and respondents Aubrey Clark, individually and doing business as Clark Brothers, Homer L. Clark, individually and doing business as Clark Brothers, Clark Brothers, a copartnership, and defendant Thomas P. Ward, as a result of an automobile accident which occurred May 5, 1955, on Ramon Road, a public street, about 31 feet wide, in the City of Palm Springs.

*15 According to the evidence, consisting of about 2,000 pages of reporter’s transcript, plaintiffs were traveling easterly on Ramon Road in a Pontiac car about 7:15 p.m. It was daylight. Amelia C. Campbell was driving. Defendant Ward was driving westerly on the same road at about 75 to 80 miles per hour in a 1947 Cadillac. To the north of this highway was a city dump and other property including housing units belonging to defendant city and under lease to defendants Clark. There was a row of tamarisk trees on the north side of the roadway, about 700 feet long. There was a dirt road leading up…

I concur in affirming the judgment in favor of Aubrey Clark, individually and doing business as Clark *24 Brothers, Homer L. Clark, individually and doing business as Clark Brothers, and Clark Brothers, a copartnership, but dissent with respect to the affirmance of the judgment against the City of Palm Springs, a municipal corporation, as I do not believe that recovery is justifiable as against the city.

A petition for a rehearing was denied July 22, 1963. Conley, J., * was of the opinion that the petition should be granted. The petition of the defendant and appellant for a hearing by the Supreme Court was denied August 28, 1963.

Assigned by Chairman of Judicial Council.

Assigned by Chairman of Judicial Council.

Plaintiffs, respondents and appellants, Amelia C. Campbell, Helen Campbell, Bettie Cobb and George M. Campbell, brought this action for damages against defendant and appellant City of Palm Springs, a municipal corporation, and defendants and respondents Aubrey Clark, individually and doing business as Clark Brothers, Homer L. Clark, individually and doing business as Clark Brothers, Clark Brothers, a copartnership, and defendant Thomas P. Ward, as a result of an automobile accident which occurred May 5, 1955, on Ramon Road, a public street, about 31 feet wide, in the City of Palm Springs.

According to the evidence, consisting of about 2,000 pages of reporter's transcript, plaintiffs were traveling easterly on Ramon Road in a Pontiac car about 7:15 p.m. It was daylight. Amelia C. Campbell was driving. Defendant Ward was driving westerly on the same road at about 75 to 80 miles per hour in a 1947 Cadillac. To the north of this highway was a city dump and other property including housing units belonging to defendant city and under lease to defendants Clark. There was a row of tamarisk trees on the north side of the roadway, about 700 feet long. There was a dirt road…