Hooker

Hooker v. Oclaray

Good Law
12 Cal. Rptr. 308·191 Cal. App. 2d 94·1961 Cal. App. LEXIS 2031
Court of Appeal of CaliforniaApril 10, 1961Civ. No. 6507California1,555 words

Opinion

Lead Opinion

Shepard, J.

This is an appeal by defendant from an order granting a new trial after verdict and judgment for defendant in a personal injury action.

*96 In general substance, the pertinent facts upon which defendant bases his appeal are as follows: Plaintiff was a guest passenger in an automobile involved in an intersection collision. She was riding in the right-hand side of the front seat. A 2-year-old child was standing in the seat between plaintiff and the driver. One end of a string-tied bundle of five small wooden poles rested in the curve or depression between the right door and the right shoulder of the back of the front seat. The front end projected 6 to 9 inches forward from the seat back. The other end rested on top of the rear seat back. The husband of the driver sat in the left rear seat, with the poles to his right. There was ample room, no crowding and no evidence that the poles or the child interfered with the driver or were in any way a causative factor in the collision.

Defendant approached from plaintiff’s driver’s left on a street controlled by a stop sign. Plaintiff’s driver was making a left turn from a through street into the street from which defendant approached the…

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