McPhee

McPhee v. Lavin

Good Law
183 Cal. 264·1920 Cal. LEXIS 401·191 P. 23
Supreme Court of CaliforniaJune 25, 1920L. A. No. 5167.California1,503 words

Opinion

Lead Opinion

Sloane, J.

This appeal is from a judgment for plaintiff for injuries caused by an automobile collision. The principal point presented is on the contention of appellant that the record discloses contributory negligence on the part of plaintiff.

The parties, each driving an automobile, were approaching the crossing of. intersecting streets in the city of Anaheim, the plaintiff going west on the north side of Center Street and the defendant going south on the west side of Claudina Street. The main facts in the case as found by the trial court and supported by the undisputed weight of the evidence, show that the defendant upon reaching the vicinity of the street intersection, instead of keeping to the right until he had passed the center of the intersection as required by section 20 of the state Motor Vehicle Act, cut across the comer of the intersection to the east of the center of the street; that the plaintiff, who was approaching the intersection "from the east, saw defendant’s machine coming toward him on the wrong side of the street, and in an attempt to avoid a collision turned'to-the left and increased his speed. The defendant, also seeing the imminence of a collision, turned his car to…

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