Brenner v. Beardsley
| Citation | 323 P.2d 841,159 Cal.App.2d 304 |
| Court | California Court of Appeals |
| Decision Date | 10 April 1958 |
| Parties | Raymond P. BRENNER, Plaintiff and Appellant, v. Harry Curtis BEARDSLEY, Defendant and Respondent. Civ. 22423. |
J. Paul Madsen, Whittier, for appellant.
Ball, Hunt & Hart, Long Beach, by Clark Heggeness, Long Beach, for respondent.
This is an appeal from a judgment for defendant in an action for damages for personal injuries sustained by Raymond P. Brenner while riding to work on the foggy morning of February 10, 1955, as a passenger in an automobile owned and operated by Robert Dealy, which automobile collided on Bloomfield Road, near Artesia in the County of Los Angeles, at approximately 6:50 a. m., on said date, with an automobile owned and operated by Harry Curtis Beardsley.
Beardsley had driven from his home on Bloomfield Road into a private driveway or feed alley on his dairy property, which was immediately adjacent to his home. Richard Acree, one of his employees, joined him in the automobile, and Beardsley backed his automobile 'until the rear end of the car was approximately to the edge of the property line parelleling Bloomfield.'
Beardsley testified that after stopping, 'We looked both north or--both north and south for approaching vehicles,' and when asked how far he could see, he said 'I would say approximately seventy-five feet.' Having backed out across the shoulder of Bloomfield Road until at least the left rear wheel was on the asphaltimproved portion, Beardsley stated 'I just practically started forward in very--going in very--I don't suppose over two to five miles per hour and I was hit in the rear.'
Beardsley's automobile was first struck by the Dealy automobile in which Brenner was riding, and then almost simultaneously, the Beardsley car was struck by an automobile driven by Richard Phelps, which also was traveling in a southerly direction on Bloomfield Road behind the Dealy automobile. There were skid marks to the point of impact, and the testimony presented was in conflict as to whether the skid marks were laid down by the Dealy automobile or the Phelps automobile.
Contributory negligence was not in issue, and this appeal is based primarily upon alleged errors in the giving of certain instructions and in the refusal to give certain other instructions.
Specific exception was taken at the trial, and is taken on appeal to the instruction given at defendant's request on the issue of unavoidable accident, which instruction is as follows:
'Bear...
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