Colla

Colla v. Beaver Lumber Co.

Good Law
170 Cal. App. 2d 271·1959 Cal. App. LEXIS 2203·338 P.2d 553
Court of Appeal of CaliforniaMay 8, 1959Civ. No. 9571California1,370 words

Opinion

Lead Opinion

Schottky, J.

J.— Plaintiffs above-named [Sam P. Colla, and Prank Volano and Marino Fanucchi, partners under the firm name and style of Kelly Box Company] have appealed from a judgment in favor of defendants in an action in which plaintiff Sam P. Colla sought to recover for injuries sustained when a truck which he was driving collided with a truck which was being driven by defendant Beaver Lumber Company’s employee, defendant Robert M. Cain. Prank Volano and Marino Fanucchi, partners under the firm name and style of Kelly Box Company, appeal from the judgment deny *273 ing them recovery for damages to their truck which Colla was driving. The case was tried by the court sitting without a jury.

The record shows that the accident occurred on the morning of February 15,1957, at the intersection of Sequoia Boulevard and Highway 29, which is near Vallejo. Highway 29 runs in a general northerly and southerly direction. It is a divided four-lane highway with two lanes in each direction. The opposing lanes are separated by concrete islands. Sequoia Boulevard enters Highway 29 from the east and a smaller road enters the highway from the west. Several hundred feet south of the intersection Highway 29…

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