Mandorf
Mandorf v. Penniman
Opinion
Lead Opinion
Langdon, J.
This is an appeal by the defendant from a judgment against him for one thousand dollars in an action brought to recover damages for personal injuries alleged to have been suffered by the plaintiff Fannie Mardorf by reason of the negligence of the defendant in operating an automobile upon the public highway in the city of Burlingame, California. The plaintiffs are husband and wife. The answer denied negligence on the part of the defendant and alleged that the injuries were caused by the negligence of the plaintiff Fannie Mardorf.
The case was submitted to the court without a jury, and it was found that at the time and place of the accident, the defendant was operating his automobile “in a careless, negligent, wanton and reckless manner and at an unlawful rate of speed and without sounding a warning signal and with very dim lights and with utter disregard of - the safety of the plaintiff Fannie Mardorf; that said automobile of defendants . . . was proximately and directly caused to collide with and strike the plaintiff ... by and through and solely because of the carelessness, wantonness, negligence and recklessness of the defendant ... in the operation of said automobile ; that…