De La Torre v. Johnson

This is an action for personal injuries. The court instructed a verdict for the defendant W. P. Johnson, and the jury, of its own accord, returned a verdict for the defendant George Smith. Defendant Johnson having died subsequent to the trial, the action has abated as to him (De La Torre v. Johnson, 200 Cal. 754 [ 254 Pac. 1105 ], except perhaps for certain purposes which, in view of our conclusions, need not here be considered.

Plaintiff: was operating a truck and defendant Smith was driving a Lincoln automobile owned by defendant Johnson at the time of collision between the two vehicles on Fremont Street in the city of Monterey, a street formerly part of the main highway leading from Del Monte to the town of Carmel. Plaintiff, driving said truck, came on to the highway from a private road or right of way and the collision occurred at the intersection of this private road with the said highway.

The evidence is in sharp conflict. As to defendant Smith, no point is made by either party respecting its sufficiency or insufficiency, and it will not be further noticed unless some part thereof be considered in passing upon the assignments of error.

Plaintiff registers his complaints…