Neilson

Neilson v. Houle

Good Law
1927 Cal. LEXIS 597·200 Cal. 726·254 P. 891
Supreme Court of CaliforniaMarch 29, 1927Docket No. L.A. 8062.California1,164 words

Opinion

Lead Opinion

Preston, J.

This appeal presents the single issue as to whether or not we will override the judgment of the court below on the verdict of a jury rendered on conflicting evidence in an action for personal injuries.

Plaintiff’s testimony showed that at the time of the accident he was proceeding at a lawful speed on the proper or right-hand side of the street, while going south on Santa Fe Avenue, in Los Angeles; that there were machines parked along the right or west side of said street, which obstructed his view of vehicles entering the street from that side; that the defendant, who had been on the premises of the Good Roads Machinery Company, on the right or west side of said avenue, suddenly entered the street immediately in front of him and was traveling in a northeasterly direction across the fifty-six foot street at a reasonable rate of speed; that plaintiff, thinking to avoid a collision, swerved to the left about ten feet, and the machine failing to slow down or stop, a collision resulted at a point near the center of the street, leaving the automobile still pointing in a northeasterly direction and diagonally across the street.

The complaint alleged negligence on the part of…

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