Bragg v. Smith

BARNARD, P. J.

This action for damages arose out of a collision between an empty Ford truck, owned by the defendant Smith and driven by his employee the defendant Trimble, and a loaded panel truck owned by the plaintiff Robbins and driven by the plaintiff Bragg. For convenience, we will refer to these drivers, respectively, as the defendant and the plaintiff.

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The collision occurred at about 7:40 a. m. on a clear day in June on U. S. Highway 101, about a mile north, of Encinitas and within the intersection formed by Highway 101 with a dirt street known as Marcheta. At this point Highway 101 is straight and level, runs north and south, and is divided into four 10-foot lanes with a dirt shoulder along its easterly side which varies from 5 to 7 feet in width. To the east of this shoulder is a row of trees. Marcheta, some distance to the east of Highway 101, is from 22 to 27 feet wide but as it meets the highway it fans out with gradually curving curbs, particularly on its south side, so that it is about 100 feet wide as it joins the east side of the highway. The defendant was very familiar with this intersection, having passed along this part of the highway many times a day for several months.

On the day of the accident the plaintiff was driving north on the easterly of the two lanes provided for northbound traffic at a speed. of from 40 to 45 miles an hour, and the defendant was following him in the same lane at about the same speed. The plaintiff had picked up a Marine some distance down the road and as they were approaching Marcheta, the Marine asked to be let off at that intersection. The plaintiff looked in his rear view mirror and seeing nothing gave a slowdown and stop signal with his hand and started to slow down, with the intention of stopping immediately north of the intersection. He traveled 200 to 250 feet while this signal was showing, and was gradually edging over toward his right-hand side of the road. He was going about 5 miles an hour and- his right front wheel was just coming over the shoulder of the road when the collision occurred. His truck was knocked forward and to the east, where it ran into the second tree north of the intersection. The plaintiff was lmocked unconscious and suffered some injuries, and the ear was badly damaged.

It appears, without conflict, that the impact occurred in the east lane of the highway at a point which is about two-thirds of the way through the actual intersection of the highway with the easterly branch of Marcheta, but which is slightly south of what would be the center line of Marcheta if that road did not fan out as it'joins the highway. It was 38 feet from the point of impact to the rear end of plaintiff’s' truck as it rested against the tree. The défendant’s triiek left dual skid marks on the pavement, entirely in the east lane of the highway, but veering slightly to the left at the north,