Fouch
Fouch v. Werner
Opinion
Lead Opinion
Thompson, J.
This is an appeal from a judgment for damages for injuries sustained in a motorcycle accident.
The plaintiff was employed at a gas station located at 30th and M Streets in the city of Sacramento. At 6:30 P. M. on April 1, 1927, he mounted his motorcycle and started for home, traveling down 30th Street to Stockton Boulevard, and thence southerly along the proper side of the boulevard to the point where it was intersected from the southwest by 35th Street, which entered it at an angle of about 45 degrees. It was a dark and rainy night. The plaintiff was traveling at a speed of about fifteen miles an hour. His headlight was lighted. There were no street lights at this particular corner. The defendant was driving his Chrysler automobile northerly along 35th Street on his way to the office of the Sacramento Union where he was employed. There is evidence from which the jury may reasonably have inferred that his view to the left may have been obscured by side curtains, and that he failed to turn on his headlights. Arriving at the intersection of 35th Street with Stockton Boulevard, the defendant stopped his machine and then slowly turned to his left into the boulevard, running in…