Schilling
Schilling v. Hayes
Opinion
lead Opinion
Shaw, J.
Action to recover damages alleged to have been -sustained as the result of defendants’ concurrent negligence in the operation of their automobiles. The ease was tried without a jury by the court, which gave judgment for plaintiff, from which defendant Bristol appeals.
Appellant attacks the findings upon the ground of insufficiency of the evidence. The evidence clearly tends to show the following facts: The accident occurred at a point in Lake Shore Avenue, extending north and south, near its intersection with Santa Ynez Street, which extends east and west. A street-car was operated on Lake Shore Avenue and at the time in question plaintiff, at the usual stopping place of the cars, was standing near the west track to board an approaching south-bound car on the west track, which, at the time was distant about 150 feet. At the same time an automobile, at a speed of some thirty miles per hour, was operated by defendant Bristol in an easterly direction on Santa Ynez Street, having a grade at that point of six or seven per cent, and, reaching the intersecting street, it turned sharply to the right in a southerly direction into Lake Shore Avenue, the left front wheel of the automobile…