Clements
Clements v. Donohue
Opinion
Lead Opinion
Pierce, J.
Plaintiff appeals from a judgment following a defense verdict in a personal injury action. The ear in wMch plaintiff was riding was hit by defendant * who had “run a stop sign” in violation of Vehicle Code section 22450, *418 which requires the driver of a vehicle approaching an intersection posted with a stop sign to stop. The only question on appeal is whether defendant produced evidence sufficient to justify the jury’s implied finding that violation of the statute was excused. We have decided that he did.
The accident happened at the intersection of Madison and Manzanita Avenues in Sacramento County. At the point of the accident Madison runs east and west, Manzanita north and south. The point of impact was in the northeast segment of the intersection. The intersection was posted with signs for a four-way stop, but, as regards westbound travel on Madison, it was, as we shall show hereinafter, inadequately posted.
On January 17, 1961, at approximately 9:25 p.m., Mrs. Eose Benner, the driver and owner of the car in which plaintiff was riding, driving north on Manzanita, approached and stopped at the intersection. There were no other ears stopped at the intersection and, although…