Dennis v. Gonzales

I dissent.

Defendants appeal from a judgment in favor of plaintiff after trial before a jury in an action to recover damages for personal injuries.

Viewing the evidence most favorable to plaintiff, the facts in the instant case are:

On June 2, 1946, at about 10 p. m., plaintiff was operating his automobile in a westerly direction on Highway No. 66 when the car stopped. At this point the highway consisted of two marked lanes for traffic in each direction and a parking lane on each side thereof. Plaintiff immediately got out of his automobile with his flashlight and walked to the rear of his car,…