Lipp
Lipp v. Moon
Opinion
Lead Opinion
Finch, J.
The plaintiffs’ Packard motor hearse and
the defendant’s Pontiac sedan collided at a street intersection in Sutter City, causing damage to both vehicles and personal injuries to the defendant. Both parties seek to recover damages in this action. Judgment was entered in favor of the defendant for damages and the plaintiff has appealed. The only ground urged for a reversal is that the evidence is insufficient to warrant the findings and judgment.
The collision occurred at the intersection of Acacia and Nelson Streets. Acacia Street is sixty-two feet wide and a strip fourteen feet in width along the middle thereof is paved. Nelson Street is ninety-seven feet wide and the middle thereof is graveled to the width of thirty feet. At the time of the collision the hearse was going south along the paved part of Acacia Street and the defendant was going west on Nelson Street. The evidence shows that the two vehicles came together when the front wheels of the defendant’s automobile were four feet west of the pavement and two feet north of the medial line of Nelson Street. A witness for the defendant testified that the front part of the defendant’s automobile was not “injured in any way”;…