Burks

Burks v. Stearns

Good Law
1926 Cal. App. LEXIS 238·78 Cal. App. 108·248 P. 274
Court of Appeal of CaliforniaMay 21, 1926Docket No. 3078.California683 words

Opinion

Lead Opinion

Plummer, J.

Action by plaintiff to recover damages for injuries to his automobile arising from a collision with an automobile owned by the defendant. The defendant interposed a cross-complaint for damages suffered to his automobile. The court awarded judgment for the defendant in the sum of $37 and the plaintiff appeals. The collision involved in this case occurred at a street intersection and at the time of the collision the Motor Vehicle Act of 1919 (Stats. 1919, p. 191) was in full force and effect. Section 22, subdivision a, of the Motor Vehicle Act then provided: “That no person shall operate or drive a motor vehicle or other vehicle on any public highway at a greater speed than fifteen miles an hour in approaching any steam, electric or other railway crossing at grade, or in approaching or traversing an intersecting highway, or crossing or intersection of highways, or in approaching or going around corners or curves in the highway, when in any of the foregoing cases the operator’s or driver’s view of the road or railway traffic is obstructed.”

The .collision between the respective automobiles occurred on the fourteenth day of December, 1921, at the intersection of Elm Avenue and Jensen…

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