Lynn

Lynn v. Goodwin

Good Law
170 Cal. 112·1915 Cal. LEXIS 368·148 P. 927
Supreme Court of CaliforniaApril 28, 1915S.F. No. 6939.California554 words

Opinion

Lead Opinion

Henshaw, J.

Plaintiff sought damages for personal injuries to himself arising out of an automobile collision. The case was tried before the court without a jury, and the findings of the court were that P. W. Metcalf was driving the car in which plaintiff was seated; that Metcalf approached a wagon with a large load of brush; that the load of brush was nine feet or more in width and obstructed the view of Metcalf and plaintiff and prevented them from seeing the roadway in front; that they turned to the left to pass this load of brush and collided with defendant’s automobile. This automobile was in all respects being carefully and prudently handled, saving that it was being driven at a speed of about twenty-five miles an hour. Metcalf was driving his automobile at about twenty miles an hour. The collision would probably have taken place if defendant’s automobile had been traveling at a rate of speed of twenty miles an hour. The collision would not have taken place if Metcalf had not driven his automobile to the extreme westerly side of the road and across the pathway which was being followed by the automobile of defendant. The automobile of defendant was at the extreme right hand part of the…

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