Finn
Finn v. Sullivan
Opinion
Lead Opinion
Dooling, J.
Plaintiffs and appellants appeal from a judgment against them in an action in which each sought a recovery for personal injuries. Dorothy Finn is the mother of James Finn, who, at the time of the collision out of which the action grows, was an infant three and one-half months old. Appellants were riding in an automobile operated by one George B. O’Neal, which was proceeding northerly on Potrero Avenue between Seventeenth Street and Sixteenth Street in San Francisco on May 6, 1929, at about 12:30 A. M., when a collision occurred with an automobile operated by respondent Sullivan. There were no eye-witnesses of the collision except the occupants of O’Neal’s car and respondent. The testimony was sharply conflicting. Appellants’ witness testified that Sullivan approached them driving on his left side of Potrero Avenue at a high rate of speed, while O’Neal was driving on his own right side at less than twenty miles per hour; that to avoid a collision O’Neal turned to his left and at the same time respondent Sullivan swung to his right and the collision occurred. Sullivan, who was the only witness to the facts on his behalf, testified that he was at all times proceeding on his right…