21 Cal. App. 2d 33 | Cal. Ct. App. | 1937
—Action for damages for personal injuries arising out of an automobile accident. Plaintiff alleged that while she was walking southerly across Market Street in a pedestrian crosswalk at Diamond Street in San Francisco she was struck and injured by an automobile east bound on said street. She alleged that the automobile was owned by the defendants Rosellini and Gialdini doing business as the New Castro Market, and that it was negligently driven in the
There was evidence to show that the accident occurred in the vicinity of the intersection of Market and Diamond Streets in San Francisco. At this point Market Street is 75 feet wide from curb to curb, with abutting sidewalks 10 feet wide. The center of the street is marked with the usual white line. Generally speaking Market Street in this vicinity runs east and west, and Diamond Street north and south. Between 5:30 P. M. and 6 P. M. of November 3, 1934, plaintiff left her residence to do some shopping. It was dark and there was a drizzling rain falling. She walked southerly on the west side of Diamond Street until she reached the north side of Market and then crossed Diamond Street easterly to the northeast corner of Market and Diamond. While crossing from the north to the south side of Market Street she was struck by the automobile above mentioned, which was east bound, after she had passed the center line of the street. There was a conflict in the testimony as to whether or not plaintiff was walking in the pedestrian lane at the time she was struck.
In support of their contention that the judgment lacks evidentiary support, defendants claim that the automobile was traveling at a lawful rate if speed; that it was being operated on its lawful side of the street; that it was properly equipped and under proper control; that it had the right of way, for which reasons it is claimed inevitable that
Nor do we think there is any merit in the claim that the trial court misdirected the jury in its instructions. An instruction was given to the effect that a public highway is open to the reasonable common and equal uses of the people on foot or in vehicles; that the pedestrian has the same right as the owner of an automobile to use the highway. It is contended that while the instruction correctly states the rule as it existed at common law, statute and ordinances have abrogated it, giving to motorists a superior right over pedestrians to the use of the highway in areas outside of pedestrian crosswalks. The court fully instructed the jury concerning the relative rights of pedestrians and motorists under the statute and ordinances with reference to crosswalks, and the jury could not possibly have been misled in the matter. The instructions on this subject as a whole fully and fairly stated the law correctly. Again, it is claimed that the court erred in instructing the jury as to the degree of care exacted from pedestrians and motorists, and also concerning the duty of plaintiff to look when crossing the lane. We do not deem a recital of these instructions to be necessary, for it would answer no useful purpose. Suffice it to say there were no errors in the giving of them.
Nor is there any merit in the further claim that the damages are excessive. Plaintiff at the time she received the injuries was employed in a clerical capacity at the Veterans’ Hospital where she received a salary of $120 a month. Her injuries as stated consisted of a fracture of the skull, concussion of the brain, cuts on her head and arm, and bruises and abrasions of her body. These injuries affected her for over a year thereafter and she was compelled to give up her then position. Under these circumstances the amount recovered cannot be held to be excessive.
From what we have said it follows that the judgment based on the verdict should be and it is hereby affirmed.
Knight, J., and Oashin, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on June 12, 1937, and an ap