Anway
Anway v. Lombardi Bros.
Opinion
lead Opinion
Tyler, J.
Action for damages for the negligent operation of an automobile.
The complaint alleges in substance that on or about the twenty-first day of May, 192'6, plaintiff, through his agent, was driving a funeral hearse in a northerly direction on the public highway known as the San Francisco highway, in the county of San Mateo, and was driving and operating said hearse across the highway and entering into the driveway of the Masonic Cemetery on the west side of said highway; that at the same time and place defendants were driving their automobile truck in a southerly direction and that the same was operated in such a careless, negligent, and reckless manner as to cause it to collide with the automobile hearse of plaintiff, thereby damaging and injuring the hearse in the sum of $343.95. That by reason of such negligence plaintiff was compelled to place said hearse in a shop for repair and was deprived of the use of the same for twenty-eight days, to his further damage in the sum of $92.50. Judgment was prayed for in these amounts. Defendant denied the allegations of the complaint and for a second defense pleaded contributory negligence on the part of plaintiff’s driver. The case went to…