Koenig

Koenig v. Coe

Good Law
163 Cal. App. 2d 429·1958 Cal. App. LEXIS 1516·329 P.2d 721
Court of Appeal of CaliforniaSeptember 11, 1958Civ. 22963California1,540 words

Opinion

Opinion

Vallee, J.

Appeal by plaintiff from a judgment for defendant Clarence S. Coe entered on a jury verdict in an action for damages for personal injuries.

The only specification of error is that the court failed and refused to correctly instruct the jury. Consequently the evi'dence and the reasonable inferences to be drawn therefrom will be stated in the light most favorable to plaintiff. In determining whether the instructions are correct we must assume that the jury might have believed the evidence on which the cause of action of plaintiff was predicated, and that if correct instructions had been given on that subject the jury might have rendered a verdict in favor of plaintiff. (Clement v. State Reclamation Board, 35 Cal.2d 628, 643-644 [ 220 P.2d 897 ].)

The accident, between two automobiles, happened shortly before midnight on November 11, 1955, at the intersection of Western Avenue and Palos Verdes Drive North in county territory of the county of Los Angeles.

Western Avenue is 60 feet in width and runs generally north-south. Palos Verdes Drive North is 30 feet in width and runs generally east-west. The intersection was a four-way stop—there was a stop sign at each corner. The area was…

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