Creamer
Creamer v. Cerrato
Opinion
Opinion
Gray, J.
Appellant sued to recover damages for personal injuries, received by her as the result of a collision between her automobile, parked on its right side of an avenue, and an automobile truck owned by respondent Y. Boido, and operated, on its wrong side, by respondent John Cerrato, his employee. After trial, the jury returned its verdict in favor of respondents. From the judgment entered thereon, she appeals, assigning as error six instructions given at respondents’ request.
The following summary of the material testimony will suffice for a proper consideration of her criticism of these instructions. Appellant stated that she had parked her automobile, headed easterly, on the south side of Park View Avenue about 30 feet westerly of its southwest corner with Miriam Street and had visited a friend residing on the north side of the avenue; that, as she stepped off: the north curb, on her return to her automobile, she saw respondents’ truck 416 feet easterly of her automobile, coming westerly on its right side of the avenue, down a grade at a pretty rapid rate; that, as she got to her automobile door, she heard the screeching of a machine and saw the truck in the center of the avenue,…