Leek v. Western Union Telegraph Co.

McCOMB, J.

This appeal is from a judgment in favor of plaintiff after trial before a jury. There is also a purported appeal from the order denying defendant’s motion for a new trial.

Viewing the evidence most favorable to plaintiff, the facts in the instant ease are:

On May 21, 1936, the traffic at the intersection of Fourth Street and Pine Avenue in the city of Long Beach, California, was controlled by semaphores erected on each corner thereof, which operated in the following manner: Each semaphore consisted of arms appearing and disappearing, on which the words “stop” and “go” were painted respectively. Each change of the semaphore was accompanied by one ring of the bell. A “go” sign and a bell would open traffic on one street for twenty-two seconds. Then a bell would sound (called the first bell) and there was a change of a “go” sign to a “stop” sign. All traffic coming into the intersection was then stopped and remained closed for six seconds. Then a bell sounded (Imown as the second bell) and the change of a “stop” sign to a “go” sign would open traffic on the other street for twenty-two seconds.

At about 5 -.30 on the above date, plaintiff arrived at the southwest corner of the intersection. The traffic being open on Pine Avenue and closed for Fourth Street, plaintiff stopped and stood on the sidewalk. Immediately after the first bell rang and the signal changed from “go” to “stop” with respect to the north and south traffic on Pine Avenue and before the second bell rang, accompanied by a signal change opening traffic on Fourth Street, plaintiff left the sidewalk and started east across Pine Avenue in a pedestrian zone.

About this same time defendant’s messenger boy was riding a bicycle north on Pine Avenue on the easterly side thereof. Simultaneously Don Gates left the southeast corner of the intersection. In so doing he collided with the messenger boy, causing the latter to lose control of his bicycle and

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deflecting its course so that he struck plaintiff, knocking her down and causing personal injuries.

This is the sole question presented for determination:

Was plaintiff guilty of contributory negligence, as a matter of law, in stepping off of the curb into the street after the first bell had rung and before the second bell had sounded, indicating that traffic was open on Fourth Street?