Dullanty v. Smith

By this action plaintiff seeks to recover damages for personal injuries sustained through collision with automobile driven by defendant. The complaint alleges negligent operation of said automobile by defendant; the answer contributory negligence on the part of plaintiff. Verdict of the jury was in favor of plaintiff, and defendant has appealed.

Briefly, the following facts are fairly established by the evidence: Defendant, returning from a funeral, was traveling south at a slow rate of speed on Webster Street, near its intersection with Grand Avenue, Oakland, California. The day had been…