Mogle
Mogle v. Hunt
Opinion
lead Opinion
Cary, J.
J.-—The plaintiffs, husband and wife, brought this action against defendants to recover for injuries received in a collision between plaintiffs’ automobile and defendants’ truck. A jury returned a verdict against defendant Vernon P. Hunt and from the resulting judgment this appeal is prosecuted.
Defendants contend as ground for reversal: (1) that plaintiffs’ recovery is barred by their contributory negligence, and (2) that certain errors in instructions were prejudicial.
The facts follow. The accident took place on the outskirts of the city of San Bernardino. Tippecanoe Avenue runs north and south. Mission Boulevard enters Tippecanoe Avenue at right angles from the east and there ends., The collision occurred at the intersection thus formed. Plaintiffs’ roadster,' northbound, and defendants’ truck, southbound, both on Tippecanoe Avenue, were approaching this intersection at approximately the same time. As the defendants’ truck arrived at a point some 200 feet north of the center of the intersection, its driver signaled for, a left turn, which would have taken the truck east into Mis sion Boulevard. At this moment plaintiffs’ car was an equal distance south o£ the center of the…