Commonwealth Insurance of New York v. Riverside-Portland Cement Co.

Action to recover damages for injuries to an automobile belonging to one Wallace MacDonald. Plaintiff alleged that said injuries were caused by negligence of the defendant in its operation of an automobile, thereby causing a collision to occur between the automobile of the defendant and the automobile of said MacDonald. The plaintiff, an insurer of MacDonald against collision damage, brings this action as assignee of MacDonald after paying the amount of his loss. Judgment in favor of the plaintiff. Defendant appeals.

The sole point urged in support of the appeal is that the driver of the MacDonald automobile was guilty of contributory negligence which was a proximate cause of the collision. Negligence of the agent of appellant driving appellant’s car is admitted.

Immediately preceding the accident Mrs. MacDonald, wife of Wallace MacDonald, was driving the MacDonald car in a southerly direction in the city of Los Angeles, on Amez Avenue north of its crossing with Pico Street. Defendant’s automobile was approaching Arnez Avenue on Pico Street from the west. On arriving at or near the north line of Pico Street Mrs. MacDonald brought her car almost to a stop and then proceeded…