Weeks v. Raper

3 Citing cases

  1. Christensen v. Bocian

    169 Cal.App.2d 223 (Cal. Ct. App. 1959)   Cited 11 times
    In Christensen v. Bocian (1959) 169 Cal.App.2d 223 [ 336 P.2d 1018], and Wilding v. Norton (1957) 156 Cal.App.2d 374 [ 319 P.2d 440], the defendants had apparently prevailed at trial by asserting that the plaintiffs were contributorily negligent because they failed to object to or warn their drivers about excessive speed.

    " Weeks v. Raper, 139 Cal.App.2d 737, 741 [ 294 P.2d 178]: "Therefore, the trial court should have instructed the jury that she was not guilty of contributory negligence. ( Ramos v. Linggi, 125 Cal.App.2d 632, 635-636 [ 270 P.2d 857].)

  2. Hudson v. Rainville

    46 Cal.2d 474 (Cal. 1956)   Cited 23 times
    In Hudson v. Rainville (1956) 46 Cal.2d 474 [ 297 P.2d 434], the defendant was driving west at approximately 5 o'clock in the afternoon on a day which had been cloudy with intermittent rain and sunshine.

    While the issue of defendant's negligence may have been one for the jury, the only reasonable conclusion is that plaintiff was not guilty of contributory negligence and the jury should have been instructed accordingly. The holding of the majority here is in direct conflict with Gray v. Brinkerhoff, 41 Cal.2d 180 [ 258 P.2d 834], and the very recent case of Weeks v. Raper, 139 Cal.App.2d 737 [ 294 P.2d 178] (hearing denied by this court on May 2, 1956). While the evidence here is such that reasonable minds might differ on the issue of defendant's negligence, this cannot be true as to plaintiff's conduct, which was entirely blameless under the law applicable to one in his position.

  3. Tannyhill v. Pacific Motor Trans. Co.

    227 Cal.App.2d 512 (Cal. Ct. App. 1964)   Cited 14 times

    (See Hom v. Clark (1963) 221 Cal.App.2d 622, 659 [ 35 Cal.Rptr. 11].) In Weeks v. Raper (1956) 139 Cal.App.2d 737, 740-742 [ 294 P.2d 178] (hearing denied) the plaintiff wife was driving along a two-lane road at about 2 a.m. The defendant, proceeding behind her, gradually overtook her.