Mazgedian v. Swift & Co.

HOUSER, P. J.

The pertinent facts appear to be that at the time herein in question, plaintiff was the driver of a truck on a “one-way” street, and that while acting in such capacity, as he approached a street which intersected that on which he was driving, his progress in the direction in which he was traveling was obstructed by a parallel line of automobiles which theretofore had been formed by reason of the fact that traffic was controlled at said intersection by “stop-and-go” signals. With reference to such automobiles, it further appears that notwithstanding nothing had obscured plaintiff’s vision thereof, up to a point where plaintiff had arrived within fifteen or twenty feet of the last automobile in said line of traffic, he had failed to see that none of said automobiles was moving or that the last automobile in said line was stationary. However, immediately after his discovery of that situation, he applied the brakes (“hard”) on the truck that he had been driving, and thereupon the truck was stopped within two or three feet of the last automobile in the line of traffic. Although plaintiff had knowledge of the fact that his truck was preceding another truck that was then being driven by defendant Leslie, at no time did plaintiff give a signal of any kind that would have indicated his intention either to “suddenly decrease” the speed at which theretofore he had been driving his truck, or to bring it to a stop,—notwithstanding the fact that he had “opportunity to give such signal”. (Subd. c, see. 544, Vehicle Code.) In that regard as a reason for such failure on the part' of plaintiff, he testified variously, but in part as follows:

“Q. When had you seen the Swift truck behind you, prior to the time you stopped? A. Just before I stopped. Q. And

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how far back was it then? A. You mean how far back was he? Q. Yes. A. Oh, about half a block, or so. . . . Q. . ^ . By Mr. Rotchford (defendants’ counsel, reading from plaintiff’s deposition) : 1 . . . Q. He followed you down the street? A. Yes, he followed me down the street. Q. About how close behind you was he following you? A. I couldn’t say. Q. A matter of a few feet? A. Yes.’ Q. Now, Mr. Mazgedian, you told us that he was about half a block behind you. Which do you want me to believe ? A. Well, a few feet, a half a block is about the same thing, because I didn’t say exactly how far. Q. In your opinion a few feet is the same as half a block, is that right? A. Well, I didn’t say exactly how far he was, because I don’t—I couldn’t say for sure. . . .