Armstrong v. Studer

GRIFFIN, J.,

pro tem.

This action was brought to recover damages suffered by respondent herein, growing out of injuries sustained by him when the automobile which he was operating collided with an automobile driven by appellant.

The accident occurred about 11:30 A. M. upon a public highway in Imperial County, at a place approximately four miles southeast of the city of El Centro.

The ease was tried by the court without a jury and judgment rendered in favor of respondent. The judgment is based upon the finding of fact that appellant was guilty of negligence in the operation of his automobile. Appellant contends that this finding is contrary to, and is unsupported by, the evidence, and that the undisputed evidence demonstrates, as a matter of law, that respondent was guilty of contributory negligence barring a recovery.

There is little dispute as to the facts. The collision of the two automobiles occurred on a public highway known as “The McCabe Highway.” This highway is a main-traveled thoroughfare, extending in a general easterly and westerly direction. It is sparsely settled in the vicinity of the scene of this accident, the highway being bordered on either side by farms and ranches. It is undisputed that the surface

[168]

of the highway was in excellent condition and, likewise, there was a large volume of vehicular traffic on this highway, it being the main-traveled highway extending into this farming district. An irrigation ditch, known as the “Eucalyptus Canal,” intersects this highway at right angles. Where the highway crosses the ditch, a bridge 20 feet in width by 20 feet in length, has been constructed to carry the traffic. The east and west approaches to the bridge are inclined, the bridge being six to eight feet above the grade of the highway. Because of the inclined approaches, one traveling on the highway towards the bridge does not have a clear view of the highway on the opposite side of the bridge until one is within about 10 feet of the edge of the bridge nearest him. Both plaintiff and defendant were quite familiar with all the surrounding conditions and territory.

Some 40 to 45 feet east of the bridge, a private diet road or lane parallels the irrigation ditch, the grade of which is about four feet lower than the grade of the highway which it abuts and, upon entering the highway from this lane, it is necessary to ascend a sharp incline to attain the level of the highway. The view of the highway to the west is completely shut off by the west bank of the canal.