Taylor v. Gear

PEEK, J.

The plaintiffs and cross-defendants have appealed from the judgments in favor of the defendants and cross-complainants in an action for damages arising out of a collision between two trucks. Plaintiff Taylor and plaintiffs O’Brien brought this action against defendant Gear and defendant Mentick as Gear’s agent, Taylor claiming damages for personal injuries sustained by him and for damage done to his truck in said collision, and the 0 ’Briens claiming damages for the destruction, loss and damage of certain articles of furniture owned by them which were being transported in Taylor’s truck at the time of the collision. Gear cross-complained against both Taylor and the 0 ’Briens for damages on account of the destruction of his truck by reason of the said collision, alleging that Taylor was the agent of the O’Briens at the time of the collision, acting within the scope and course of his employment.

The findings of the trial court pertinent to this appeal were that Taylor operated his truck in a negligent manner and that the collision was a direct and proximate result of his negligence ; that Mentick as the agent of Gear operated Gear’s truck in a careful and proper manner and that the collision was not in any way due to the fault of Gear or Mentick. Judgments were entered in favor of Gear and Mentick on the complaint and in favor of Gear on the cross-complaint as against Taylor.

[519]

While the evidence was in sharp conflict as to how the accident occurred, the testimony favorable to respondents supports the following version of the collision. Around 6 o’clock p. m. on January 21, 1948, Mentick was driving Gear’s 1938 Ford V-8 flatbed truck in a northerly direction on Highway 99-E, accompanied by Gear and a third person. As they reached the Rock Creek Bridge, about 6% miles north of Chico, Mentick decreased his speed from 45 miles per hour to about 25 miles per hour. Immediately after his truck was on the bridge a 1947 Chevrolet van type truck owned and driven by Taylor entered the bridge from the opposite direction at a speed of about 45 miles per hour. The lights of Taylor’s truck were on high beam, creating a blinding glare, and its left front wheel was on the white line marking the center of the highway. The two vehicles collided south of the center of the bridge. There was some contact between the left front portions of the two trucks, but the greatest impact was when the corner of the bed of Gear’s truck connected with the corresponding corner of the van of Taylor’s truck. The van of Taylor’s truck was torn loose and separated from the chassis. Immediately following the collision Gear’s truck traveled diagonally across the road a distance of 8 to 14 feet coming to rest on the west side of the bridge. Taylor’s truck traveled about 75 feet after the impact, coming to rest on the east side of the highway off the pavement. Both Taylor and Mentick testified that they were driving in their respective lanes, each as close as possible to the rail of the bridge on his right side. Bach testified that the other truck was partly over the center line just before the collision. However, it is not disputed that neither driver applied his brakes prior to the collision, and that Taylor did not take his foot off the accelerator before the accident occurred. The bridge was approximately 132 feet in length and 19 feet in width. Neither truck exceeded 8 feet in width. While considerable damage was done to the west railing of the bridge as the result of Taylor’s truck crashing against it, no damage was done either to the east railing or to the right side of Gear’s truck.