Edgett v. Fairchild

California Court of Appeal Sep 11, 1957 No. Civ. 8902Published

Before: Van Dyke

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Holding. The court held that while the trial court erred in refusing to instruct the jury on the doctrine of sudden peril, the error was not prejudicial and did not result in a miscarriage of justice.

Issues

Whether the trial court erred in refusing to instruct the jury on the doctrine of sudden peril.
Whether the trial court erred in refusing an instruction regarding the forgetfulness of a known danger.
Whether the trial court's refusal to give a requested instruction on the effect of a Vehicle Code violation was reversible error.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We hold that appellants were entitled to an instruction on the doctrine of sudden peril.”

“Consideration of the entire cause, including the evidence as presented by the record, falls short of leading us to the opinion that failure to give the instruction on imminent peril resulted in a miscarriage of justice.”

VAN DYKE, P. J.

This is an appeal by plaintiffs Calvin Sanborn, Arlene Sanborn, Charles A. Edgett and Marian Edgett from a judgment entered after a jury verdict in favor of the defendants in an action to recover damages for personal injuries and property damage sustained by plaintiffs as a result of an intersection accident.

The accident occurred shortly after 6 p. m. on February 9, 1954, at the intersection of Citrus Road and County Dump Road in the County of Sacramento. Citrus Road is a two-lane paved level highway about 22 or 25 feet wide. It runs north and south. Citrus Road is intersected, but not crossed, by County Dump Road from the east. The latter is a narrow graveled road. On the west side of Citrus Road just off the west edge of the highway directly across from the County Dump Road there is a 4 by 5 foot sign painted with a black background and bearing the words “Free Dump” in white. The sign also has an arrow pointing directly at the County Dump Road. At the time of the accident the weather was misty, otherwise described as a high fog. It was getting dark, but visibility was clear. Appellants Calvin and Arlene Sanborn, and Marian Edgett, were traveling south on Citrus Road in an automobile owned by the Edgetts. Ahead of them was respondent Edwin G. Fairchild who was driving a pickup truck south on the same road. Appellants, whose car was traveling at a speed of about 40 or 45 miles an hour, were overtaking the truck which was being driven about 30 or 35 miles an hour. Respondent testified that at the time his headlights and taillights were lighted; that as he drove down Citrus Road he became aware of the lights on appellants’ vehicle; that their car was gradually overtaking his; that

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he commenced giving a signal for a left turn shortly after he reached a rise in Citrus Road approximately one-fourth mile north of the intersection; that he slowed down as he approached the intersection; that he commenced to turn when his truck was 5 or 10 feet north of the intersection; that he became aware of the fact that appellants were trying to pass; that at that point his truck was “just crossing the broken center line of Citrus Road” at which point he immediately applied his brakes and stopped “in about one foot.” His truck stopped with the left front portion of the vehicle over the center line of the intersection. He said, “He went on by me and sideswiped the power pole.” There was no collision of the two vehicles. The pole which appellants’ car hit was located about 20 or 25 feet south of the County Dump Road and 12 to 16 feet east of the east shoulder of Citrus Road.

Edgett v. Fairchild

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VAN DYKE, P. J.

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