Whitelaw

Whitelaw v. McGilliard

Caution
179 Cal. 349·1918 Cal. LEXIS 758·176 P. 679
Supreme Court of CaliforniaDecember 4, 1918L. A. No. 4482.California1,030 words

Opinion

Lead Opinion

Melvin, J.

Plaintiff was awarded by a jury one thousand dollars damages for personal injuries, and judgment was entered accordingly. From said judgment and from the order denying his motion for a new trial defendant appeals.

The accident occurred at the intersection of Broadway and Temple Street, in the city of Los Angeles. Defendant’s son, a young man seventeen years of age, was driving defendant’s automobile at an admittedly unlawful rate of speed, that is, from twenty to twenty-five miles an hour, northward on the east side of Broadway, and he did not modify the speed of the motor vehicle as he approached the intersection of Broadway and Temple Street. Plaintiff was crossing Broadway at Temple Street, coming from the west on a motorcycle. The two vehicles came into collision east of the central point of the intersection of the two streets. There was a conflict of testimony regarding the exact point and the precise manner of the contact. Some of the witnesses testified that the motorcycle ran into the automobile, others that the left front wheel of the motor car struck the motorcycle, dismounting the rider, and that the rear wheel of the larger vehicle passed over his legs. Of course, it…

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