Deener

The plaintiff had judgment against the defendants for damages based upon injuries received in an automobile collision occurring on the twenty-first day of May, 1931. The collision took place on Folsom Boulevard between Forty-seventh and Forty-eighth Streets in the city of Sacramento, at about 5:30 o’clock in the afternoon. Just prior to the collision the plaintiff was driving easterly and the defendant Deener was driving an automobile westerly on the boulevard. The record shows that Deener was the agent of the defendant Wheatley, in transacting business for him in the city of Sacramento. Folsom Boulevard, at the place of the collision, is 48 feet wide, level, paved and is a straightaway for many blocks. At the time of the collision the pavement was dry and had no obstruction thereon, other than the usual traffic. The testimony varies as to the speed of the automobiles being driven by the respective parties, witnesses estimating the speed of the car driven by the defendant Deener at from 25 to 45 miles per hour, and that of the speed of the car driven by the plaintiff at about 20 miles per hour.

The cause was tried before a jury and the plaintiff awarded damages in the sum of…