Halleck v. Brown

Fifth Avenue in Los Angeles extends north and south. It intersects 70th Street at right angles. There are no traffic signals or stop signs at the intersection. On June 16, 1955, plaintiffs Michael Halleck, Mary Elizabeth Halleck and Sharon Halleck, who are minors, were passengers in a Ford station wagon driven by their mother, Mrs. Margaret L. Halleck. Coming from the west on 70th Street it was struck in the intersection by an Oldsmobile car owned and driven by defendant Brown. The Oldsmobile had come up Fifth Avenue from the south, had entered onto 70th Street and came into collision with the Halleck station wagon in the southeast portion of the intersection. The children were injured; Michael was the most seriously hurt, suffering a long cut on his cheek which left a permanent scar. Plaintiffs being passengers in their mothers automobile, the factual question was whether Brown was guilty of negligence that was a proximate cause of the collision; it was not contended that plaintiffs were guilty of contributory negligence.