Dougherty

Dougherty v. Ellingson

Good Law
1929 Cal. App. LEXIS 668·97 Cal. App. 87·275 P. 456
Court of Appeal of CaliforniaFebruary 20, 1929Docket No. 6584.California3,586 words

Opinion

Lead Opinion

Gray, J.

Defendant Nan Ross, who drove the automobile in which plaintiff was riding as her guest, and defendants Elling Ellingson and Nanna Ellingson, his wife, who, as parents, signed the application of Edward Ellingson for an operator’s license, and Edward Ellingson, who drove the other colliding automobile, each appeal (the last three defendants jointly) from a judgment recovered by plaintiff for injuries received as a result of the collision of the two automobiles in the intersection of Portola and Terrace Drives in the city and county of San Francisco.

A summary of the salient testimony will test the merits of the contentions of the respective parties—that of each appellant that the respondent failed to establish any negligence on the part of such appellant, and that of the respondent that the negligence of each appellant proximately contributed to the collision and the resulting injuries. Edward Ellingson testified that he was traveling northerly on the right or east side of Portola Drive at a speed of between twelve and fifteen miles per hour and when he had reached a point fifteen or twenty feet south of the intersection he first saw Nan Ross traveling westerly at twice his speed,…

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