Carley v. Zeigler

VAN DYKE, P. J.

This is an appeal from a judgment entered upon a jury’s verdict in favor of the cross-defendants in a personal injury action.

The accident out of which this action arose occurred in the east half of Snyder Lane, a county highway, near Santa Rosa. Snyder Lane runs generally north and south. Respondent Carley, hereinafter referred to as respondent, was, by his own admission, driving down the center of Snyder Lane, in a southerly direction, when he struck a milk truck being operated by the appellant Zeigler, hereinafter referred to as appellant. The milk truck had entered Snyder Lane from a private driveway on the east and was turning north thereon. The front wheels of the truck were from two to four feet from the east edge of Snyder Lane when it was struck by appellant’s automobile with such force that it was swung around and moved 27 to 29 feet. The conflicts in the evidence and the fact that appellant was impeached in many respects are immaterial, as the judgment must be reversed for the trial court’s error in giving to the jury the following instructions:

“You are instructed that Section 553 of the Vehicle Code of the State of California, in effect at the time of the accident read as follows:

“The driver of a vehicle about to enter or cross a highway from an alley not exceeding a width of 16 feet, or any private road or driveway shall yield the right of way to all vehicles approaching on said highway.”

“You are hereby instructed that ‘right of way’ within the meaning of the law is ‘the privilege of the immediate use of the highway.’ ”

“Failure to yield to one to whom the law has given the right of way is negligence unless circumstances resulting

[645]

from causes beyond the control of the driver are such as to excuse and justify him in such failure, judging his conduct in the light of what reasonably might have been expected from a person of ordinary prudence.”

“I instruct you that if you find from the evidence that Dean Salomon Zeigler violated one or more provisions of the California Vehicle Code, which have been read to you, and that such violation or violations, if any, proximately caused the collision, then Dean Salomon Zeigler has the burden to present evidence justifying an excuse, if any he has, for such violation or violations.”