Howard

Howard v. National Ice Cream Co.

Good Law
115 Cal. App. 639·1931 Cal. App. LEXIS 760·2 P.2d 211
Court of Appeal of CaliforniaJuly 27, 1931Docket No. 7478.California2,323 words

Opinion

Lead Opinion

Knight, J.

A motor-truck owned by the defendant National Ice Cream Company and driven by the defendant McCarthy collided with and overturned a Ford coupe owned and driven by plaintiff, at the intersection of Broderick and Lombard Streets in San Francisco, injuring plaintiff and Mrs. Ellen Murphy, who was riding with plaintiff at the time. Thereafter plaintiff brought this action for damages on account of the injuries she sustained and a jury awarded her a verdict for $6,000. From the judgment entered thereon defendants have taken this appeal, urging as sole ground for reversal the giving of two instructions relating to the subject of right of way at street intersections.

The accident happened about 1 o’clock in the afternoon. Plaintiff was traveling along the right-hand side of Broderick Street in a southerly direction. The truck was traveling • easterly on Lombard, which intersects Broderick at right angles. There is some conflict in the testimony as to whether plaintiff, upon reaching the intersection brought the coupe to a dead stop or almost to a standstill, plaintiff and Mrs. Murphy having stated that it was brought to a stop or almost to a standstill, and the truck driver, another…

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