Atkins

Atkins v. Bouchet

Good Law
1923 Cal. App. LEXIS 82·65 Cal. App. 94·223 P. 87
Court of Appeal of CaliforniaDecember 27, 1923Civ. No. 4634.California984 words

Opinion

Lead Opinion

Langdon, J.

This is an appeal by the defendants from a judgment against them for the sum of two thousand six hundred dollars, damages for personal injuries sustained by plaintiff, who was struck by an automobile owned by the defendant Bouchet and operated by defendant Joseph H. Meiss.

The only issue upon the appeal is as to the contributory negligence of the plaintiff, appellants contending that under the facts admitted by the plaintiff in her testimony, she was guilty of contributory negligence as a matter of law and that the trial court erred in failing to grant defendants’ motion for a nonsuit and in failing to direct a verdict in their favor.

We think the plaintiff in this case was guilty of contributory negligence as a matter of law, and we base our conclusion upon the case of Finkle v. Tait, 55 Cal. App. 425 [ 203 Pac. 1031 ], reconsidered and approved by our supreme court in a most learned and comprehensive review of cases of this character. (Burgesser v. Bullock’s, 190 Cal. 673 [ 214 Pac. 649 ].) The undisputed facts in the instant case show that the plaintiff while crossing the street glanced neither to the right nor the left, and with her umbrella held down to her waist line had…

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