74 Cal. App. 2d 577 | Cal. Ct. App. | 1946
This is an action against defendants, Service Tank Lines, Inc., Howard R. Stonebraker, and Roy Richard Marley, for damages sustained as the result of an automobile collision. Trial was by jury, and the verdict was in favor of plaintiffs against Marley, and was in favor of defendants Ser
The collision occurred on Sunday, February 13, 1944, about 3 p. m., at the intersection of Rosemead Boulevard and Anaheim Road in Los Angeles County. Each highway is 76 feet wide, paved and marked for two traffic lanes in each direction. Mechanical traffic signals, consisting of red, yellow, and green lights, were in operation on each corner of the right-angle intersection. It was a clear day. There was a one-story building on the northeast corner, and service stations on the other three corners.
Previous to the accident, defendant Marley had been proceeding in his automobile in' a westerly direction on Anaheim Road. He observed that the signal for traffic on Anaheim Road was red, and he stopped in the outside lane for westbound traffic, about 5 feet east of the east entrance to the intersection. Another automobile stopped at the east entrance to the intersection, in the inside lane for westbound traffic, to the left of and about 5 feet ahead of Marley.
Plaintiffs, husband and wife, had been proceeding in their automobile in a southerly direction on Rosemead Boulevard, and they stopped in the inside lane for southbound traffic, behind a Chevrolet truck which was stopped in the same lane, a few feet from the intersection, to await the green signal for traffic to proceed on Rosemead Boulevard. Another automobile stopped in the inside lane for southbound traffic, behind plaintiffs’ automobile, and another automobile stopped in the same lane behind that automobile. There was evidence that other southbound automobiles were stopped at the right of the southbound automobiles just mentioned. Another automobile stopped in the outside lane for southbound traffic, near the curb and a few feet north of the entrance to the intersection. At the time of the accident these southbound automobiles were stopped in the position just described.
Defendant Stonebraker, who was operating a Deisel tank truck and trailer, owned by defendant Service Tank Lines, was proceeding in a northerly direction on Rosemead Boulevard. The truck and trailer will be referred to as the truck. The 20-wheel truck was approximately 60 feet in length, was
The issue on appeal is whether the trial court abused its discretion in granting plaintiffs’ motion for a new trial on the ground that the evidence was insufficient to sustain the verdict.
Marley testified that the signal for traffic on Anaheim Road was green when he started his automobile into the intersection; that the automobile, which was stopped to his left, obstructed his view of northbound traffic on Rosemead Boulevard; that he moved ahead of said automobile, then glanced to his left to observe northbound traffic, saw the truck proceeding into the intersection, and stopped his automobile to permit the truck to go around him; that the truck was traveling at a speed of approximately 30 miles an hour, and that the speed was not decreased.
The owner of the automobile which was next to the curb
The driver of the automobile, which was behind plaintiffs’ automobile, testified that when he stopped behind plaintiffs the signal for traffic on Rosemead was “stop”; that he “just waited there,” and before the collision another automobile came to a stop behind his automobile; that he first saw the truck in the middle of the intersection before it swerved, and it was traveling between 30 and 35 miles an hour; and that it cost $250 to repair his automobile.
Another witness testified that at the time of the accident he was stopped at the west entrance to the intersection on Anaheim Road; that he had his eyes “glued” on the signal on the northeast corner, and saw it change from red to green; and that after it changed to green he observed Harley’s automobile start into the intersection.
Plaintiff Hrs. Hays testified that she saw the truck approaching the intersection, and it was next to the curb—“kind of hugging the curb ’ ’; and at that time two automobiles were stopped side by side in the northbound traffic lanes south of the intersection.
Stonebraker testified that he was 200 or 300 feet from the intersection when he first looked at the traffic signal on Rose-mead Boulevard; that it was green at that time; that he did not see it change from red to green—he “did not pay any attention”; that he did not know how long it had been green when he first saw it, and he knew it might turn to “amber” at any second; that his speed at that time “could have been” 25 to 30 miles an hour, that when he was about 100 feet from the intersection, he slowed down to “around 25” miles an hour, but at no time did he apply his brakes; that he knew as he approached the intersection, at the speed he was traveling, he would have to take emergency measures to stop if the signal changed from green to another color; that the signal changed to “amber” when he was “around 20 to 40 feet south of the intersection, ’ ’ at which time he was still traveling at the approximate speed of 25 miles an hour, and he made no further observation of signals before entering the intersection ; that as he entered the intersection, he observed de
Appellants contend that the evidence was insufficient as a matter of law to support a verdict in favor of plaintiffs. They argue that there was no substantial conflict in the evidence, and that the evidence failed to disclose any negligence on the part of Stonebraker. In ruling upon a motion for a new trial, a trial judge must review the evidence and pass upon its sufficiency, and if he concludes that the verdict has resulted in a miscarriage of justice it is his duty to grant the
His negligence is also indicated by the distance he traveled, and the collisions which occurred, after colliding with the Marley automobile. He continued across the intersection, then went on the wrong side of the highway, struck several stopped automobiles with great force, throwing one of them on top of another and then dragging those two automobiles into a service station.
Where the evidence is in substantial conflict, and a verdict for the moving party would have been supported by the evidence, an order granting a new trial on the ground of insufficiency of the evidence will not be disturbed on appeal.
The order is affirmed.
Desmond, P. J., and Shinn, J., concurred.