Pemberton

Pemberton v. Arny

Good Law
1919 Cal. App. LEXIS 540·42 Cal. App. 19·183 P. 356
Court of Appeal of CaliforniaJune 28, 1919Civ. No. 2908.California1,556 words

Opinion

Lead Opinion

Sloane, J.

In this appeal, which involves an automobile accident, we are satisfied that there can be no justification for setting aside the verdict and reversing the judgment on the ground of insufficiency of the evidence. The testimony was conflicting, but if the jury believed the story as told by plaintiff and her witnesses, it was justified in finding both that defendant was guilty of negligence and that plaintiff was not guilty of contributory negligence, particularly if the traffic ordinance of the city of Long Beach and the instructions relating thereto were properly submitted to the jury’s consideration. The only question requiring examination arises upon the admission and submission of the ordinance and instructions over defendant’s objections.

The injury complained of occurred in the city of Long Beach, and was occasioned by the defendant, in the nighttime, driving his automobile to the right, around a corner, into an intersecting street, and running upon the plaintiff on the cross-walk of the street into which defendant turned, at a point near the center of the crossing. The court admitted in evidence that portion of the traffic ordinance of the city of Long Beach which provides…

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