Jolley v. Clemens

HAINES, J., pro tem.

Between 1 and 2 o’clock in the morning of February 10, 1937, defendant and appellant, Wallace. Clemens, was driving an automobile at the rate of from 40 to 45 miles an hour in a northerly direction on his right side of what is known as Highway 101, which runs north and south between Tijuana, Mexico, and San Diego, California. In the region involved the highway is both itself level and straight and also at the approximate level of the surrounding country; that is, with neither fills nor cuts. The highway consists of a paved middle portion 36 feet wide, marked by a white…