Roher

Roher v. Leonard & Holt

Good Law
1929 Cal. App. LEXIS 29·97 Cal. App. 720·276 P. 357
Court of Appeal of CaliforniaMarch 21, 1929Docket No. 6590.California1,193 words

Opinion

Lead Opinion

Sturtevant, J.

Anna Roher was injured while a passenger riding in a bus operated by the defendants Leonard & Holt when their bus collided with an automobile operated by the defendant Clorinda Rossotto. She filed a complaint charging negligence in general terms against both defendants. The defendants appeared and answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiffs and from the judgment entered thereon the defendants have appealed and have filed separate sets of briefs.

Appeal of Leonard & Holt.

The defendants, Leonard & Holt, requested the trial court to give an instruction regarding the maximum of speed which under the law was permissible at the intersection of Brewster» Avenue and Myrtle Street in Redwood City, San Mateo County, at the time of the accident. The trial court refused that instruction, but did give an instruction quoting the introductory part and subdivision (a) of section 113 of the Motor Vehicle Act. (1 Deering’s Gen. Laws, 1851, 1886.) These defendants complain of the ruling as being error. However, we' see no error in the ruling. In the preceding instruction the trial court had instructed the jury…

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