People Ex Rel. State Department of Public Works v. American Smelting & Refinining Co.

STURTEVANT, J.

The plaintiff, an employee on the San Praneisco-Oakland Bay Bridge, while engaged as a flagman, at about 7:45 A. M. on the 11th day of October, 1936, was directing traffic on the eastern end of said bridge. The officers in charge of the bridge were commencing to paint the ceiling of the lower deck of the bridge. For that purpose they were using a movable gantry. From time to time the gantry was moved and in moving it it became necessary to protect the employees from being injured by passing traffic. Flagmen were stationed on each side and the plaintiff was stationed on the eastern side. A passenger bus operated by the Key System and driven by R. J. Brown, approached from

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the east and stopped. Almost immediately thereafter a truck operated by the American Smelting and Refining Company and driven by Andrew J. McQueen, also approached from the east behind the bus. The bus having come to a stop the truck swerved to the right, passed the bus, and collided with the plaintiff. To recover damages for the injuries sustained the plaintiff commenced this action against both corporations and both drivers. The jury returned a verdict in favor of the plaintiff against the American Smelting and Refining Company and its driver. From the judgment entered on that verdict those two defendants have appealed.

When the passenger bus was first signaled it did not stop. The plaintiff blew his whistle and at the same time again signaled with his red lantern. The bus then stopped in its tracks. The evidence is somewhat conflicting but there was testimony that the bus at that time was on the south side of the traffic lane. The appellants asked the trial court to give an instruction which contained a passage “ ... I instruct you that it was the duty of the said Key System bus driver in bringing said bus to a stop, to stop said bus in such a place so as to allow not less than fifteen feet of the width of the paved or improved or main traveled portion of the highway opposite such stopped vehicle in order to leave a clear and unobstructed portion of the highway for the free passage of other vehicles. ...” They also asked an instruction that contained a passage “ . . . Then I instruct you that it was the duty of said bus operator to stop said bus off of the main traveled or improved portion of the highway. ...” The trial court refused to give either of those instructions. The appellants contend said instructions were clearly sound statements of the law. (Vehicle Code, secs. 582 and 583.) As addressed to voluntary acts of drivers, the instructions would have been applicable. But when, as here, drivers are signaled by traffic officers they are bound to follow the orders. If the plaintiff in giving directions wanted the vehicle parked to the right or to the left, doubtless he could and would have given that direction. However, there is no conflict in the record and the direction given to the bus driver was to stop. He obeyed that direction. The trial court did not err in refusing to give the two instructions which the appellants had asked.