Mosesian
Mosesian v. Crown Cleaners & Dyers, Inc.
Opinion
lead Opinion
Marks, J.
This is an action for damages resulting from the death of Paul A. Mosesian and instituted by the executrices of his last will and testament on behalf of his heirs under the provisions of section 377 of the Code of Civil Procedure. At the trial, one son, Suren P. Mosesian, waived all claims for damages on his behalf.
The Crown Cleaners and Dyers, Inc., is a California corporation having its principal place of business in the city of Fresno. At the time of the accident involved here, Joseph A. Gallant was driving one of its delivery trucks as its employee and upon its business.
Butler and Chance Avenues are public highways in the county of Fresno which intersect each other at right angles. Butler Avenue runs in an easterly and westerly direction. At the northeast corner of the intersection the city of Fresno maintains its fair grounds, which are inclosed by a tight board fence about eight feet in height and built ap proximately upon the property lines bordering the two streets. The intersection is an obstructed intersection as defined by the provisions of the California Vehicle Act, and motor vehicles traversing it from either the north or the east are limited, by subdivision two…