Catton

Catton v. Kerns

Good Law
123 Cal. App. 94·1932 Cal. App. LEXIS 875·10 P.2d 1036
Court of Appeal of CaliforniaApril 26, 1932Docket No. 391.California1,437 words

Opinion

lead Opinion

Barnard, J.

These two actions, both brought to recover damages for personal injuries, were tried together and, by stipulation, have been consolidated on this appeal.

About 2 o’clock on the morning of January 1, 1930, the two plaintiffs and their wives left the Sunnyside Country Club and drove westerly along the highway toward Fresno, the car being driven by the plaintiff Shaw. After proceeding about a mile and a half from the country club they decided to return to the club. The car was stopped and the two plaintiffs got out, and walked into a field on the north side of the highway, while Mrs. Shaw took the wheel and turned the automobile around so that it faced in an easterly direction. She stopped the automobile on the south side of the highway, opposite the place where the plaintiffs had left the road. There is some evidence that when the automobile was stopped its left front wheel was past the middle of the highway, and that the automobile then faced slightly in a northeasterly direction. About three minutes after Mrs. Shaw turned the automobile around the plaintiffs returned to the highway, but before starting across the same to enter the car they stopped at a point north of the highway,…

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