Truchetta

On this appeal from an adverse judgment rendered on a jury verdict in a personal injury action, plaintiff, Lester R. De Ornellas, asserts that erroneous and prejudicial instructions were given to the jury pertaining to the effect of speed in excess of the prima facie speed limit (Veh. Code, § 511)

The facts are as follows: A motorcycle owned and driven by the appellant ran into the right side of a bus driven by respondent, Anthony N. Truchetta, and owned by respondent, San Jose City Lines, Inc. The collision occurred on July 7, 1958, about 6:10 a.m. in the outside westbound lane of the intersection of San Carlos Street and Sunol Avenue.

San Carlos has four lanes, running east and west; Sunol *91 two lanes, running north and south. About 100-120 feet east of the intersection, San Carlos crosses railroad tracks, Montgomery Street, and then becomes a viaduct. At the western base of the viaduct (about 300 feet from the railroad tracks) another street enters San Carlos from the north. San Carlos is perfectly straight from the base of the viaduct to the Sunol intersection. The view is unobstructed in both directions. On the day of the accident, the weather was clear, the pavement…