284 P. 717 | Cal. Ct. App. | 1930
This is an action for personal injuries alleged to have been sustained by the plaintiff Leila Havens, by reason of the alleged negligent operation of an automobile by the defendant. Also to recover for loss of services and damages to the automobile belonging to the plaintiff, R.F. Havens. The plaintiffs had judgment and the defendant appeals. *295
This action is based upon the collision of the automobile owned by R.F. Havens, with the defendant A. Loebel, mentioned and considered in the action of R.F. Havens against A. Loebel (Civil No. 3950), ante, p. 209 [
[1] In consideration of this testimony and what we have set forth in the case of Havens v. Loebel, supra, there is no escaping the conclusion that the plaintiff's negligence continued up to the instant that his car struck the side of the defendant's automobile, turning it over, and under the sections of the California Vehicle Act, and the cases which we have cited in our former opinion dealing with the same transaction, there is no escaping the conclusion that the plaintiff was guilty of contributory negligence as a matter of law. We may also add that the testimony in this case shows that the plaintiff Leila Havens was so blinded by the sunlight that she could not and did not see the approach of the defendant's car. [2] Under the authority ofMcFadden v. Santa Ana, O. T. St. Ry. Co.,
Basing our opinion upon what we have here said, and the companion case decided by this court in its opinion filed as aforesaid, it follows that the judgment in this case must be and the same is hereby reversed.
Thompson (R.L.), J., and Finch, P.J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on February 15, 1930, and a petition by respondents to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on March 17, 1930.
All the Justices concurred. *297