McAllister
McAllister v. Kyles
Opinion
Lead Opinion
Shinn, J.
By verdict and judgment plaintiff recovered damages for injuries suffered when he was struck by defendant’s car as he was crossing the street at an intersection. Upon defendant’s appeal the sole contention is that it was error to instruct in the doctrine of last clear chance. We are of the opinion that it was a proper ease for application of the doctrine.
There was evidence of the following facts: Pico Boulevard *328 is 56 feet wide; it extends easterly and westerly across Albany Street, which is 40 feet wide. Traffic at the intersection is controlled by signal lights. Plaintiff, who is without sight in his left eye, was walking easterly on the south sidewalk of Pico; when he reached Albany the light showed red for east-west traffic; he glanced to his left for traffic that might be turning the corner but did not look across Pico toward the north; he started across Albany, walking slowly, until he was struck by defendant’s car at a point 6 feet south of the curb line of Pico and 15 feet east of the curb line of Albany. He did not see defendant’s car before it struck him. Defendant approached Pico from the north, was halted by a red light, stopped alongside and somewhat to the rear…