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Fuentes v. Ling

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eBook details

  • Title: Fuentes v. Ling
  • Author : Supreme Court Of California In Bank
  • Release Date : January 29, 1942
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

TRAYNOR, J. This action was brought by plaintiff to recover damages for personal injuries that he incurred when struck by an automobile operated by defendant. The accident occurred at about 7 oclock on the evening of December 30, 1938, on Third Street between Kirkwood and LaSalle Avenues in San Francisco. Third Street, an arterial boulevard extending north and south, is a main highway between San Francisco and points south. It is approximately eighty feet wide and is marked by white lines dividing six lanes of traffic. Between Kirkwood and LaSalle Avenues, the frontage of Third Street is occupied by stores, apartments, flats, and a public garage and constitutes a business district as that term is used in traffic laws. When the accident occurred it was a clear night and the street was well lighted by street lights and Christmas light streamers strung throughout the block. Plaintiff, clad in a dark suit, was crossing Third Street at right angles from east to west in the middle of the block when he was knocked down by the automobile that defendant was driving south on the west side of Third Street in the second lane of traffic. There is no pedestrian crosswalk in the middle of the block where plaintiff attempted to cross and where the accident occurred. There are such crosswalks marked by white lines at the intersections of Third Street. Plaintiff testified that he was more than halfway across the street when he first saw defendants car approaching from a distance of approximately 200 feet, and that he thought that he could cross in safety before defendants car traveled the distance of 200 feet or reached the middle of the block, although the car was traveling at a "fast" speed. A traffic officers report described plaintiff at the time of the accident as "under the influence of intoxicants," and hospital records described plaintiff as having a strong alcoholic breath, but plaintiff testified


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