Farrar

Farrar v. Whipple

Caution
1924 Cal. App. LEXIS 642·65 Cal. App. 123·223 P. 80
Court of Appeal of CaliforniaJanuary 2, 1924Civ. No. 4506.California1,166 words

Opinion

Lead Opinion

Nourse, J.

This is an appeal by the defendants from a judgment entered against both of them for damages arising out of personal injuries to the plaintiff Josephine Farrar and for damages to the property of plaintiff J. C. Farrar, her husband.

The facts of the ease are that the two plaintiffs were riding in an automobile owned and operated by plaintiff J. C. Farrar upon one of the public highways in the county of Contra Costa. The defendant Gielow was operating his automobile on the same highway in an opposite direction and at the time of the collision hereinafter referred to was towing an automobile owned and steered by the defendant Whipple. The car of the defendant Whipple had broken down a short time before and the defendant Gielow, at the former’s request and without compensation, was towing his ear with an ordinary tow-line of about fifteen feet in length. A short time before the collision another accident had happened on the highway in question and a number of ears were parked along the west side of the highway with their left-hand wheels standing about one foot within the paved portion of the highway. As the defendants approached these parked cars the defendant Gielow turned to the…

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