Benjamin

Benjamin v. Noonan

Good Law
1929 Cal. LEXIS 488·207 Cal. 279·277 P. 1045
Supreme Court of CaliforniaMay 24, 1929Docket No. S.F. 13028.California1,602 words

Opinion

Lead Opinion

Preston, J.

In this cause the judgment for plaintiff is affirmed. The action is one to recover damages for personal injuries received as the result of an automobile accident which occurred in San Francisco on August 14, 1926, at about 10:40 P. M., while plaintiff was riding as his guest in the automobile of appellant John F. Noonan. Said appellant, with plaintiff in his car, was driving west on Irving Street at a speed varying from twenty to thirty miles an hour; at about the same time appellant Harold Gallagher, at the wheel of a Studebaker roadster, accompanied by defendant H. C. Gallagher and another person, was proceeding south on Forty-eighth Avenue at a slow speed, perhaps fifteen miles per hour, having stopped just previously to avoid hitting an obstruction in the street. The night was very foggy and the two automobiles collided where Forty-eighth Avenue intersects Irving Street. Plaintiff was thrown from the car and severely injured in the manner hereinafter described. She subsequently commenced this action for damages, including as defendants the drivers of both machines. Trial was had before a jury and a verdict was returned in her favor for the sum of six thousand dollars. Judgment…

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