Barrington v. Sarles
FRANK BARRINGTON, Respondent, v. DON E. SARLES, Appellant
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Ventura County
- Trial judge
- Merle J. Rogers
- Outcome
- affirmed — Affirmed.
- Area
- civil
- Panel
- Jess E. Stephens (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Stephens
*6 STEPHENS, J., pro tem.
This case was tried by the This court without the aid o£ a jury and judgment went for plaintiff for the sum of $415.05 and costs. Defendant appeals from the judgment.
Defendant was driving from a private driveway into a main boulevard. Plaintiff approached, traveling upon the boulevard. Defendant’s machine was partly across the road, and in endeavoring to avoid it plaintiff’s car skidded against a tree and a piece of timber lying by the roadside and into a concrete ditch which ran along the edge of the road, to the damage of his automobile. The court found that plaintiff was not guilty of contributory negligence, and the only question in the case for us to decide relates to such finding. This question is regarding the speed at which plaintiff’s car was traveling. In the circumstances of this case plaintiff was not negligent per seif he was not exceeding thirty-five miles per hour. Having carefully read the evidence, we cannot say that the trial court abused its discretion in determining that plaintiff’s speed was not in excess of that rate.
Judgment affirmed.
Works, P. J., and Craig, J., concurred.