House
House v. Fry
Opinion
Lead Opinion
Conrey, J.
On February 21, 1914, Lester House, one of the plaintiffs, was driving a motor truck easterly on Sunset Boulevard in the city of Los Angeles. The defendant Lawrence Fry, at the same time was driving an automobile, the property of the defendant William C. Fry, easterly on the same street, in the rear of the truck. While endeavoring to pass the truck the automobile, when it came to the place where it was even with the truck, was two or three feet distant from the truck and was moving at the rate of more than twenty miles per hour and the truck was moving at the rate of eighteen miles per hour. Fry did not blow the horn, or give any other warning of his approach, and in passing the track did not give any signal indicating his intention to change the course of the automobile, and House did not know that the automobile was there until the two vehicles were even with each other, traveling side by side. Thereupon Fry turned toward the right for the purpose of passing in front of the track, and the right rear wheel of the automobile collided with the front left wheel of the truck. By the force of this collision the steering-rod of the truck was broken so that the driver had no further…