Johnston
Johnston v. Peairs
Opinion
Lead Opinion
Barnard, J.
This is an action by a pedestrian to recover for injuries claimed to have been received due to the collision of two automobiles, and to have been caused by the negligence of both drivers. The collision occurred at the corner of Third and Laurel Streets in the city of San Diego, just before noon on April 24, 1929. The plaintiff, a lady of the age of sixty-five years, had just left a hall some half block from the intersection in question, where she had been exercising. She was proceeding along the sidewalk and had just reached the street corner when an automobile jumped the curb and struck her down, rendering her unconscious, breaking both legs and causing other serious injuries. It appears from the evidence that immediately before the plaintiff was struck, the defendant Mrs. W. S. Whiteside was driving a Buick roadster in a westerly direction along Laurel Street; that the defendant J. E. Peairs, who is a physician, was driving a Buick touring car in a northerly direction along Third Street; and that the. two cars came together near the center of this intersection. Just before they collided, Mrs. Whiteside swerved slightly to her right and Peairs swerved slightly to his left. Dr.…