Ivie

Ivie v. Enterprise Poultry Farm

Good Law
1929 Cal. App. LEXIS 822·97 Cal. App. 242·275 P. 514
Court of Appeal of CaliforniaFebruary 27, 1929Docket No. 6648.California466 words

Opinion

lead Opinion

Nourse, J.

Plaintiff sued for damages for injuries to his automobile resulting from a collision with a truck driven by an agent of the defendant. The cause was tried before the court sitting without a jury and resulted in a judgment for the plaintiff in the sum of $904.52. From this judgment the defendant has appealed upon typewritten transcripts.

The two cars came into collision while rounding a curve on a public highway, the view of which was obstructed to some extent by willows which stood about six feet from plaintiff’s right-hand side of the highway, which was paved to a width of eighteen feet. Plaintiff, driving a sedan, endeavored to take the curve at a speed of about fifteen miles per hour. The truck was being driven at a rate of about twelve miles, but was running on the left, or “wrong” side of the highway. As the cars collided the two right-hand wheels of plaintiff’s ear were entirely off the pavement and were running in the dirt portion of the road to the right of this eighteen-foot pavement, while the defendant’s truck was running diagonally across the paved portion of the highway, the rear end of the truck being about two and one-half feet from the westerly or outer left edge…

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