Murphy v. National Ice Cream Co.

Shortly after the noon hour on August 1, 1927, a truck owned by the defendant National Ice Cream Company and driven by the defendant Florence McCarthy collided with a Ford coupe owned and driven by Mrs. Letitia Howard, at the intersection of Lombard and Broderick Streets in San Francisco. The truck was traveling easterly along Lombard Street and the coupe was proceeding southerly along Broderick. Riding with Mrs. Howard at the time as her guests were Mrs. Ellen Murphy, one of the plaintiffs above named, and the latter’s granddaughter, Helen Legeal, seventeen years of age. The force of the impact hurled the coupe across the intersection, up the thirteen per cent grade on Broderick Street for a distance of twenty-five or thirty feet, where it turned over on its side in a reversed position, pointing back down toward the intersection, and injuring Mrs. Howard and Mrs. Murphy. Two- actions for damages grew out of the collision, one being instituted by Mrs. Howard, with which we are not here concerned, and the present one by Mrs. Murphy, in which her husband joined to recover the damage he claimed to have sustained as a result of the injuries to his wife. Mrs. Howard was made a party…