Vedder

Vedder v. Bireley

Good Law
1928 Cal. App. LEXIS 794·92 Cal. App. 52·267 P. 724
Court of Appeal of CaliforniaMay 19, 1928Docket No. 3506.California2,593 words

Opinion

Lead Opinion

Tuttle, J.

This is an action brought by plaintiff, a minor of the age of seven years, to recover for personal injuries received by her when she was struck by an automobile owned by defendant Bireley and operated by defendant Becker. Trial was had before a jury, and the verdict was for defendants. The appeal is from the judgment rendered upon the verdict.

The accident occurred on the south side of Third Street, in the city of Los Angeles, between Norton Avenue and Westminster. At the scene of the accident, Third Street is approximately 56 feet in width, from curb to curb, and has thereon two sets of car tracks. It is also admitted that Third Street, at the point of the occurrence, is a busy thoroughfare, where traffic is restricted to 20 miles per hour.

At Third Street there is a jog in Norton Avenue, the west curb of the portion of Norton Avenue which runs north of Third Street being offset approximately 10 feet to the east of the east curb of Norton Avenue as it runs south from Third Street.

The accident occurred at a point approximately 95 feet cast of the east line of Norton Avenue as it runs north from Third Street.

Just prior to the accident the plaintiff had been a passenger on a…

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