Robinson
Robinson v. Clemons
Opinion
Opinion on Rehearing
The statement in the opinion that there was no provision in the Motor Vehicle Act of 1913 similar to that contained in the Motor Vehicle Act of 1915, regulating the speed on approaching and intersecting way where the view of the road traffic is obstructed, is apparently erroneous. However, it sufficiently appears that any possible violation of this provision by plaintiff did not contribute to the accident.
The application for a hearing in this court is denied.
All the Justices concurred.
Lead Opinion
Ellison, J.
This is • an appeal from a judgment in favor of plaintiff in an action for damages resulting from a collision between an automobile he was driving with one that was being driven by the defendant. The accident occurred at the town of El Rio, Ventura County, at about 8 o’clock of the morning of December 24, 1915. At that time the plaintiff was driving in a southerly direction on a crossroad toward the city of Oxnard and the defendant was driving in a westerly direction on the state highway toward Ventura.
We gather from the record that these two roads do not cross each other at a right angle. The highway runs somewhat in a northwesterly direction; the northeast corner of the intersection being at an obtuse angle and the northwest corner an acute angle. The plaintiff was driving at a speed of between twelve and fifteen miles per hour. As he reached the north line of the state highway, he observed the defendant coming toward him at a distance of from 100 to 150 feet. The plaintiff proceeded across the highway a distance of about thirty-five feet when his car was struck by the defendant’s, broken and injured, and himself hurt. The defendant’s ear was also damaged somewhat.
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Lead Opinion
This is an appeal from a judgment in favor of plaintiff in an action for damages resulting from a collision between an automobile he was driving with one that was being driven by the defendant. The accident occurred at the town of El Rio, Ventura County, at about 8 o'clock of the morning of December 24, 1915. At that time the plaintiff was driving in a southerly direction on a crossroad toward the city of Oxnard and the defendant was driving in a westerly direction on the state highway toward Ventura. We gather from the record that these two roads do not cross each other at a right angle. The highway runs somewhat in a northwesterly direction; the northeast corner of the intersection being at an obtuse angle and the northwest corner an acute angle. The plaintiff was driving at a speed of between twelve and fifteen miles per hour. As he reached the north line of the state highway, he observed the defendant coming toward him at a distance of from 100 to 150 feet. The plaintiff proceeded across the highway a distance of about thirty-five feet when his car was struck by the defendant's, broken and injured, and himself hurt. The defendant's car was also damaged somewhat. *Page 663 [1]…