Leo v. Dunham

41 Cal.2d 712 (1953)

W. A. LEO, Appellant,

v.

RUFUS ALBERTSON DUNHAM, Respondent.

L. A. No. 22613.

Supreme Court of California. In Bank.

Dec. 4, 1953.

A. J. O'Connor and H. K. Lyle for Appellant.

Bauder, Gilbert, Thompson & Kelly and Jean Wunderlich for Respondent.

EDMONDS, J.

A Ford tank truck operated by Rufus A. Dunham struck and seriously injured Willard A. Leo. Upon his appeal from the judgment in favor of Dunham, Leo charges that the instructions to the jury upon the doctrine of imminent peril were prejudically erroneous.

The accident occurred when Leo walked across a highway running north and…