Coyne

Coyne v. Whiffen

Good Law
132 Cal. App. 699·1933 Cal. App. LEXIS 318·23 P.2d 530
Court of Appeal of CaliforniaJune 22, 1933Docket No. 7795.California1,323 words

Opinion

Lead Opinion

Parker, J.

This is an appeal by the defendants from a judgment, rendered upon a verdict of a jury, in favor of plaintiffs and against the defendants in an action to recover damages for and on account of injuries sustained by respondent Myrtle Coyne in an automobile collision.

No point is raised as to the sufficiency of the evidence, appellants conceding that there was a conflict and that there was sufficient evidence before the jury to sustain the verdict. No complaint is made as to the rulings of the trial court on the admission or rejection of evidence, nor is there any claim of contributory negligence urged. The sole question presented involves the giving of two instructions offered by respondents and the refusal of the court to give an instruction requested by appellants.

The first instruction given to which attack is directed is as follows: “You are instructed that by the provisions of the statutes of California in force at the time of the accident in question, it was unlawful for the driver of any motor vehicle to drive at a rate of speed in excess of fifteen miles in traversing an intersection of highways when the driver’s view is obstructed. A driver’s view is deemed to be…

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