Finnegan
Finnegan v. Giffen
Opinion
Lead Opinion
Plummer, J.
These actions were brought to recover damages for injuries suffered by the plaintiff, John Q. Finnegan, while riding as a guest upon a motorcycle driven by the defendant Hale Giffen, and also for medical attention, etc., were tried as one action and are presented upon one record.
The injury constituting the basis of this action was suffered by the plaintiff John Q. Finnegan on September 9, 1924, while riding on a motorcycle driven, as just stated at the intersection of Eleventh and H Streets in the city of Sacramento. It may be here stated that in the section of Sacramento just mentioned the numbered streets run approximately north and south, and the lettered streets running easterly and westerly intersect the numbered streets at right angles. The plaintiff, John Q. Finnegan and the defendant Hale Giffen were minors at the time of the collision, Finnegan being of the age of thirteen years and Giffen of the age of fifteen years, or, as stated more accurately, Finnegan lacked six days of being fourteen years of age and Giffen was fifteen years and six months old. Hale Giffen had applied for a license to operate a motorcycle, and his father, the defendant R. B. Giffen, had signed…