Marshall
Marshall v. American Meter Co.
Opinion
Lead Opinion
Sturtevant, J.
The plaintiff commenced an action to recover damages for injuries sustained in an automobile collision. The defendants answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff, and from a judgment entered thereon the defendants have appealed.
The accident happened at about 10 o’clock at night on the 21st of June, 1926, in the intersection of Van Ness Avenue and Eddy Street, in the city of San Francisco. Neither machine saw the other machine until both were inside the intersection. The plaintiff introduced evidence to the effect that her car was traveling on its side of the street at a speed of seven or eight miles an hour and in all respects was exercising due care. She also introduced evidence to the effect that the defendants’ ear was traveling in excess of fifteen miles per hour, to wit, twenty-five miles or more. The defendants introduced evidence that their car entered the intersection at not more than fifteen miles per hour and then slowed down to a lower speed; that they were traveling on their side of the street and in all respects exercising due care. They also introduced evidence that the plaintiff’s…