Rice

Rice v. Smith

Good Law
133 Cal. App. 403·1933 Cal. App. LEXIS 685·24 P.2d 369
Court of Appeal of CaliforniaJuly 22, 1933Docket No. 7965.California596 words

Opinion

Lead Opinion

Craig, J.

In an action for damages arising from the impact of automobiles at an intersection of public thoroughfares, a verdict and judgment were rendered in favor of the defendants, from which the plaintiff appealed.

The appellant was a passenger in one of the vehicles of the respondent taxi service, which while proceeding westerly was struck by a car driven southerly into the intersection and to the left toward the east while said taxi was crossing the same. Each was maintaining about the same speed of twenty miles an hour; the respondent driver, Thompson, had advanced to the northwesterly section of the crossing, and was not aware of the other’s intended turn until the impact of the latter’s left front fender with his left rear fender. The statutes provide, and the jury were instructed, that a vehicle must be driven on public highways at a careful and prudent speed not greater than is reasonable and proper, having due regard to the traffic, nor at such a speed as to endanger life, limb or property; that the authorized speed is fifteen miles an hour in traversing a grade crossing or intersection when the driver’s view is obstructed, and in a business district, and twenty miles an hour in…

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