Leo Ying v. Pickwick Stages System

Caution
117 Cal. App. 312·1931 Cal. App. LEXIS 561·3 P.2d 597
Court of Appeal of CaliforniaOctober 2, 1931Docket No. 449.California1,273 words

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…

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