Hoffman

This is an appeal by plaintiffs from a judgment for defendant in an action for damages for personal injuries and property damage resulting from an automobile collision occurring at the intersection of Crystal Springs Road and El Camino Real in San Mateo.

The question of liability was very close. The accident occurred about 3:30 p.m. on a sunny Sunday afternoon in July. In the area of the accident El Camino Real is a four-lane road proceeding in a generally north-south direction. It is 52 feet wide north of the intersection, but widens to 76 feet south of the intersection. Crystal Springs Road does not cross El Camino Real and is only on the west side of the latter. El Camino Real in the area of the accident is posted for a speed limit of 35 miles per hour, and there are a number of traffic signals along the road, including signals at the intersection where the collision occurred and at the intersections immediately north and south thereof. An officer who was stopped waiting for an opportunity to turn into El Camino Real heard the collision and testified that traffic was heavy on the road with a steady flow of traffic in all four lanes at a speed of from 25 to 30 miles per…

I dissent. I would affirm the judgment for the reasons expressed by Justice Taylor in the opinion prepared by him for the Court of Appeal, First Appellate District, Division Two (Hoffman v. Brandt, 1 Civ. 22745, filed May 31, 1966, certified for nonpublication).

Respondent’s petition for a rehearing was denied January 25, 1967.