Stoneburner

Stoneburner v. Richfield Oil Co.

Good Law
118 Cal. App. 449·1931 Cal. App. LEXIS 201·5 P.2d 436
Court of Appeal of CaliforniaNovember 20, 1931Docket No. 563.California2,591 words

Opinion

Lead Opinion

Freeman, J.

On the thirteenth day of August, 1929, Belle Stoneburner was a passenger in an automobile driven by Mrs. Odessa Hendee westerly along the Valley Boulevard, a public highway connecting the cities of Los Angeles and San Bernardino. At a point about eight miles westerly of the town of Bloomington, the Hendee car came into collision with a light automobile driven by am unknown person. Mrs. Stoneburner was seriously injured in the collision and brought this action against the defendants to recover damages.

It appears from the record before us that a truck and trailer equipped with large tanks used for the transportation of gasoline were proceeding westerly on the Valley Boulevard in advance of the Hendee automobile which overtook them some distance easterly from the place of the accident. After following the truck and trailer for some distance, Mrs. Hendee saw an opportunity to pass. She sounded several blasts with her automobile horn and proceeded around the left-hand side of the trailer. When she reached a point about opposite to or slightly in front of the center of the truck, its driver swung to his left across the center of the highway so that Mrs. Hendee did not have sufficient…

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