Jewell

Jewell v. Bell

Good Law
120 Cal. App. 682·1932 Cal. App. LEXIS 124·8 P.2d 223
Court of Appeal of CaliforniaFebruary 11, 1932Docket No. 7969.California1,517 words

Opinion

Lead Opinion

Dooling, J.

This is an action by the surviving husband and minor child of Phyllis Edna Jewell for her death which was caused by a collision between an automobile in which she was' riding as a guest and a truck and trailer being operated by appellant Sauls in the business of the other appellants. The jury brought in a verdict against appellants and in favor of Wulbern, the driver of the automobile in which Mrs. Jewell was riding.

Appellants contend that there is no evidence sufficient to support the verdict against them.

The truck and trailer, which had been proceeding southerly on the highway between San Francisco and San Jose, were parked upon the paved portion of the highway at a point slightly northerly of the northerly limits of the town of Belmont at the time the collision occurred. There was a dirt shoulder at this point wide enough to have permitted the parking of these vehicles entirely off the paved portion of the highway." While the truck and trailer were so parked, and some time between 10 and 11 o’clock P. M., the car driven by Wulbern proceeding southerly collided with the rear end of the trailer and as a result of injuries received in the collision Mrs. Jewell died.

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