Cummins

Cummins v. Yellow & Checker Cab Co.

Good Law
127 Cal. App. 170·1932 Cal. App. LEXIS 268·15 P.2d 536
Court of Appeal of CaliforniaOctober 25, 1932Docket No. 978.California2,982 words

Opinion

lead Opinion

Harden, J.

The plaintiffs, who are husband and wife, brought separate actions against defendants for damages on account of personal injuries received in an automobile accident. Said actions were consolidated for trial. A separate verdict was rendered in each case in .favor of the defendants, upon which judgment was entered accordingly. The motion of each plaintiff for a new trial having been denied, separate appeals have been taken from the judgments and orders denying new trial.

At about 7:45 P. M. on August 24, 1926, plaintiffs were riding in a southerly direction on the westerly side of Berendo Street, between Eighth and Ninth Streets, in Los Angeles, in a Willys-Knight roadster driven by plaintiff Oscar Richard Cummins. The driver was seated upon the left side of the automobile and his wife, Adeline Miriam Cummins, was upon his right side. At that time a taxicab of the defendant companies, operated by defendant James V. Morford,, was traveling in a westerly direction on Ninth Street toward the intersection of Ninth and Berendo Streets. Said streets intersect at right angles. A collision occurred between said vehicles at a point slightly to the southwest of the center “of the…

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