Johnson v. City of Santa Monica

The plaintiffs, husband and wife, brought this action to recover damages for personal injuries suffered by the wife when a horse she was riding ran into a truck loaded with a ton and a half of broken marble and operated by the defendant, McEntee. The latter was driving the truck in the employ of the defendant, City of Santa Monica. The court made findings and rendered judgment in favor of the plaintiffs. The defendants prosecute this appeal on *474 the ground that the evidence does not support the finding that the defendant MeEntee was guilty of negligence.

The accident occurred on the morning of May 25, 1935, at the intersection of Westminster Avenue and Centinella Boulevard in Los Angeles- County. Westminster Avenue is a dirt road which runs in an easterly and westerly direction and ends at the intersection at right angles with Centinella Boulevard from the west. Centinella Boulevard is a paved highway. The vicinity was sparsely settled. Extensive unfeneed plowed fields opened on both sides of Westminster Avenue. The plaintiffs lived on Wasatch Street, off Westminster Avenue, a distance of approximately three blocks from the intersection of Centinella and Westminster. They had…