Its right of way is also sixty feet in width between property lines. It has an oiled surface sixteen feet in width. Cornelia Avenue crosses the highway at a right angle, upon substantially level ground. The highway is sixty feet in width between the property lines. A white line is painted along the center of the paved portion. It is paved with concrete sixteen feet in width. The state highway extends north and south, at the point where the casualty occurred. The accident which is involved in these appeals occurred one mile north of Dos Palos in Merced County, in broad daylight, at an intersection of Cornelia Avenue with Highway Number 33. From those judgments the appeals were perfected. Judgments were rendered in accordance with the verdicts. A separate verdict was returned against the plaintiff in the Fittje suit. A verdict of $20,000 was returned in favor of the plaintiff in the Hamm case. The cases were consolidated and tried together with the aid of a jury.
Fittje moved the court to dismiss the Hamm complaint for lack of jurisdiction. A summons was first served in the Fittje suit, which was last instituted. For the purpose of identity we shall refer to the actions as the Hamm case and the Fittje suit. Cross suits, based on that accident, were filed by two of the participants in the same court. Griswold for Respondents.Ī collision occurred at the intersection of two highways in Merced County, between three automobiles operated respectively by Messrs. Treadwell and Cooley, Crowley & Supple for Appellants.į. (a Corporation) et al., Appellants.ĪLWIN FITTJE, Appellant, v. SAN JOAQUIN & KINGS RIVER CANAL COMPANY, INC.
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