Olsen

Olsen v. J. J. Jacobs Motor Co.

Good Law
1929 Cal. App. LEXIS 508·99 Cal. App. 423·278 P. 1051
Court of Appeal of CaliforniaJune 13, 1929Docket No. 3812.California4,602 words

Opinion

Lead Opinion

Plummer, J.

Plaintiff had judgment against the defendants for injuries received in an automobile collision, from which judgment the defendants appeal.

Upon this appeal the defendants assigned four grounds upon which reversal is asked: First, that the plaintiff was guilty of contributory negligence as a matter of law; second, that the court abused its discretion in refusing a continuance of the date of trial; third, that the court erred in admitting certain testimony; fourth, that the court improperly instructed the jury.

The transcript discloses that between the hours of 2 and 3 P. M. on the twelfth day of March, 1927, the plaintiff was driving westward on that certain street in the city of Sacramento, known as and called W Street, and that Howard Brown, an employee and agent of the defendant, J. J. Jacobs Motor Company, was driving southerly on that certain street in the city of Sacramento, known as and called Fifteenth Street, which street intersects the street just mentioned and known as W Street. Fifteenth and W Streets intersect at right angles, each street being fifty feet in width. The measurements mentioned in the transcript and the distances referred to by the witnesses relate to…

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