Moore

Moore v. Bishop

Good Law
113 Cal. App. 25·1931 Cal. App. LEXIS 783·297 P. 580
Court of Appeal of CaliforniaMarch 25, 1931Docket No. 6581.California1,412 words

Opinion

Lead Opinion

Craig, J.

The respondent, a minor of the age of about nine years, was injured by a truck of the appellant copartnership, which was being driven by appellant Swadener, while attempting to cross a public street in the city of Los-Angeles. In an action by her guardian ad litem she was awarded judgment in the sum of $800, and the defendants appealed.

Respondent was walking with other children in an easterly direction on the sidewalk along the southerly side of Fourth Street. The truck was traveling in a southerly direction on Soto Street toward Fourth Street. Both entered the intersection at about the time the street signals changed to direct traffic easterly and westerly. The respondent testified that when she stepped into Soto Street she looked in each direction, and that the only machines she saw seemed to be about one block away. There is a conflict of evidence as to whether one or both signals had sounded when the children left the curb. One of them swore that the second signal had sounded when the truck arrived at the southerly line of the street-car tracks, and the driver testified that it was running at about twelve to fifteen miles an hour. It could reasonably have been inferred by…

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