Saphire v. Los Angeles Transit Lines

MOORE, P. J.

Defendant has appealed from a judgment entered against it on a finding that the negligent operation of its westbound “9” streetcar on its private right of way caused injury to respondent. Contemporaneously with the arrival of the “9” car at the easterly curb of Vermont Avenue, appellants’ “F” ear moving south on Vermont arrived at the loading zone a short distance north of the private right of way. The “9” ear was operated by motorman Hazelton; the “F” car was in charge of one Sholander. As Hazelton waited on the east curb, his view of the vehicular traffic going south on Vermont was obscured by the standing “F” car. Because his view was so obstructed he waited where he stood to be reassured by Sholander that the “F” car would remain in its position while the “9” car crossed the avenue. Having been signalled by the latter, Hazelton proceeded across Vermont at about 4 or 5 miles an hour. As he could not clearly observe the traffic on the west side of Vermont, so, also, a motorist proceeding southward on that avenue could not, at the moment of passing the “F” car, see the “9” car as it moved across the avenue. Thus when Hazelton arrived at the lane of traffic west of the standing “F” car he was suddenly confronted with the Solomon automobile going about 10 miles an hour as it approached the oncoming westbound “9” car. The “9” car struck the sedan 9 feet east of the west curb of Vermont and pushed it about 6 feet along the tracks.

From the facts established the court below found that both Hazelton and the operator of the Solomon sedan were negligent. Both blindly drove engines of destruction into an area where they knew they were likely to encounter perils. Two facts are outstanding: (1) the “9” car struck the sedan; (2) the former had the right of way. While, as the trial judge said, Hazelton “had the right to assume that the driver of the automobile would exercise ordinary care and would yield the right of way” yet he knew that he was approaching a dangerous situation: a traffic-congested portion of a popular avenue concealed from his view by streetcar “F.” He could not see the motorcars coming toward the westbound tracks until he was practically at the lane of travel. Although his behavior might have been free from negligence in rural or suburban communities he knew that near the intersection of

[883]

Vermont and the private right of way he might meet a southbound motorcar at any moment of a summer’s day as he was crossing Vermont Avenue. Therefore he should have proceeded at a speed at which he could bring the car to a standstill within such time as he might be sure of avoiding a collision. Instead of his making a sudden stop, notwithstanding his prompt effort to do so, he drove on, to the damage of the innocent passenger in the colliding vehicle.