Rhodes

This is an action for damages caused by an accidental collision between autotrucks of the respective parties to the action, near the intersection of Polk and Ellis Streets, in San Francisco. Immediately prior to the accident an employee of defendant was driving an autotruck of the defendant in a northerly direction on the east side of Polk Street, and at the same time the driver of plaintiff’s truck was proceeding in a southerly direction on the west side of the same street but northerly from the intersection of the streets referred to. On reaching Ellis Street the autotruck of the defendant came into collision with a touring car of a third party, which was being driven westerly on Ellis Street. The driver of the touring car, in endeavoring to avoid collision with defendant’s truck, turned to the right into Polk Street, but was unable to avoid contact with defendant’s truck. The truck of the defendant became disengaged without coming to a stop and a very short time thereafter came into a head-on collision with the truck of the plaintiff at a distance, the court found, in excess of one hundred feet northward from the intersection of the two streets referred to.

The court found…