Hanchett v. Wiseley

On November 6, 1926, the plaintiffs, who were husband and wife, were riding in an automobile on the highway between San Diego, California, and Tijuana, Mexico. At a point on the highway, approximately ten miles southerly from the city of San Diego, their car came into collision with one driven by Conway Wiseley, and Elizabeth C. Hanchett was injured. A trial by jury was waived and the trial court entered judgment against both defendants. There is no question of Wiseley’s negligence and that respondents are entitled to judgment against him.

The trial court found, in its finding number three,…