Jackson v. Leonardt Peck

Plaintiff, by the judgment of the trial court, was awarded damages because of the alleged negligent act of the defendant in maintaining upon the street an obstruction with which the automobile of the plaintiff collided. Defendant has appealed.

It is the contention of appellant that the plaintiff failed to establish against it any negligent act authorizing the recovery. This contention seems to be borne out by the evidence as the record shows it. At the time in question a building was being constructed at the northwest corner of Seventh and Figueroa Streets, in the city of Los Angeles. On Seventh Street, and approximately one hundred feet from the corner, in the street but close to the curb line, was a concrete-mixer owned by the defendant and used in mixing the cement which entered into the construction of the building. Seventh Street at that point runs in an approximately easterly and westerly direction and its intersection with Figueroa forms nearly, if not quite, a right angle. Plaintiff, driving a motor coupe, and in full daylight, drove south along Figueroa and turned west on Seventh Street. Seventh Street was sufficiently broad to permit of free passage of vehicles without…