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eBook details

• Title: Merola v. Superior Court
• Author : First Appellate District, Division One District Court Of Appeal Of California
• Release Date : January 30, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Plaintiff (appellant) brought this action for damages for personal injuries, for property damage, and for damages suffered through the death of her husband. The injuries and death occurred while plaintiff and her husband were riding in an automobile driven by the husband. The car came into collision with a car operated by defendant (respondent) at an intersection of a through highway, on which appellant and her husband were driving, with a highway on which respondent was driving. The complaint contained two counts. By the first count appellant sought recovery for her personal injuries and for damage to the car in which she and her husband had been riding. Concerning title to the car, she alleged that at the time of the accident she and her husband were the owners thereof. By the second count she repeated the allegations as to ownership of the car, alleged that her husband had been killed in the accident and sought to recover damages she suffered through his death. Respondent answered, denying generally all of the allegations of the complaint and of each of the counts therein. The answer contained, as a separate defense, allegations that appellants husband had been guilty of contributory negligence. This defense was pleaded generally. The cause was tried to a jury and the trial court instructed that the affirmative defense of contributory negligence, if proved, was a complete defense to the action. More specifically, the court also told the jury that it appeared from the evidence the car in which appellant had been riding was being then driven by her husband and that if the jury found the driver was negligent and that his negligence contributed in any degree as a proximate cause to appellants injury and damage, then she could not recover even if she herself took no part in the operation of the automobile and was not herself negligent.

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