Neilson

Neilson v. Logsdon

Good Law
12 Cal. Rptr. 51·190 Cal. App. 2d 290·1961 Cal. App. LEXIS 2297
Court of Appeal of CaliforniaMarch 21, 1961Civ. No. 19386California787 words

Opinion

Lead Opinion

Woodfred, J.

Plaintiffs brought this action to recover for personal injuries and property damage sustained when their car was struck by a car driven by defendant. They appeal from a judgment against them, claiming it is not supported by the evidence.

The manner in which the accident occurred is not in dispute. Plaintiffs had stopped at a street intersection in response to a red signal. Theirs was the third or fourth car, in their lane, from the intersection. Defendant, approaching on the cross street, from plaintiffs’ right, entered the intersection and turned left, toward plaintiffs. His power-steering mechanism went out of control, preventing him from straightening his course after the turn. At the same time his brakes failed. Consequently, his car continued in its course toward the left, crossed the dividing strip and hit plaintiffs’ car.

There was testimony that at the scene of the accident defendant said the same thing had happened two days before, that he had meant to take care of it but had not had time to do so. Upon the witness stand he denied having made any *292 such statement and said that this was the first experience he had had with the power steering mechanism giving out. The…

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