Mosley v. Arden Farms Co.

Defendant appeals from a judgment awarding damages to plaintiff for personal injuries suffered in a fall when he was dislodged from a tractor which collided with some milk crates owned by defendant. The case was tried before the court without a jury.

The injury occurred in National City on Highland Avenue, a north-south street about 25 feet south of its intersection with 10th Street, an east-west street. Highland Avenue is a paved street. There is a curb along the west side thereof. Adjacent to the curb on the west and parallel therewith is an unpaved strip 8% feet wide, which is commonly…