Leo Ying v. Pickwick Stages System
Opinion
Lead Opinion
Marks, J.
Respondent was injured on October 5, 1929, in an automobile collision between a Ford truck which he was driving and a passenger stage belonging to the Pickwick Stages System and driven by George Lowery as its servant. In the language of appellants, the accident occurred as follows: “The accident took place on the La Jolla boulevard, some distance north of San Diego, where Colima street intersects .La Jolla boulevard. The plaintiff Ying was proceeding in a southerly direction on La Jolla boulevard, driving his vegetable truck; the defendant Lowery was following the plaintiff Ying at a short distance, driving the automobile stage owned by defendant, Pickwick Stages System. The plaintiff endeavored to make a left-hand turn into the easterly limb of Colima street and the automobile stage and the vegetable truck of plaintiff collided, the front left-fender, bumper and headlight of the stage striking the right rear tail-gate of the truck; after the collision the truck ran part way across the intersection and tipped over and the stage was driven by the defendant Lowery to a point about two hundred feet down the boulevard. There is practically but one important conflict in the testimony…