Shannon
Shannon v. Central-Gaither Union School District
Opinion
Lead Opinion
Thompson, J.
The plaintiff’s ten and a half year old boy was struck and seriously injured by a passing automobile while he was crossing the highway from the school bus to his home. Suit for damages was brought against the school district and the trustees. A jury returned a verdict of $1109.40 against the defendants. Prom the judgment, which was accordingly rendered, they have appealed.
It is claimed the evidence fails to prove negligence on the part of the defendants or their driver of the school bus, and on the contrary that the boy’s contributory negligence is established as a matter of law.
The plaintiff, Grover Shannon, lives on the river road in Sutter County near Tudor. His residence adjoins the public highway in a rural district. The highway has an 18-foot paved strip with wide, receding shoulders. It is straight and level at this point. There is ample room for a vehicle to park on the shoulders of the roadway without resting the wheels on the concrete pavement. The plaintiff’s young son Samuel and his daughter Barbara, who was a couple of years older, had attended the CentralGaither Union School for several years. The district operated a school bus by means of which the pupils were…