Rubell v. Santa Clara County

SPENCE, J.

Plaintiff sought damages for personal injuries sustained in an automobile accident alleged to have been caused by a dangerous condition of certain highways of which the board of supervisors of the defendant county had knowledge and which said board had failed and neglected to remedy within a reasonable time. The cause was tried by the court sitting without a jury and from a judgment in favor of plaintiff, defendant appeals.

The contentions of appellant are first, that the evidence was insufficient to sustain the finding that a dangerous condition existed and second, that even assuming that the evidence was sufficient for that purpose, it was insufficient to sustain the finding that the board of supervisors had knowledge thereof. We find no merit in these contentions.

It has been said that when dealing with cases under the statute in question (Stats. 1923, p. 675), “Each case must depend upon its own state of facts, and so varying are the factors which contribute to produce a result that no hard and fast rule may find practical application in the great majority of eases.”

(Rafferty

v.

City of Marysville,

207 Cal. 657, 661 [280 Pac. 118];

Waldorf

v.

City of Alhambra,

6 Cal. App. (2d) 522, 526 [45 Pac. (2d) 207].)

[379]

It is difficult to describe briefly and accurately the unusual condition of the highway which is shown by the evidence in this case. This condition was made clear to the trial judge not only by oral testimony together with numerous photographs and diagrams, but the trial judge also had the benefit of a visit to the scene of the accident to view the condition which existed.

The accident occurred on a dark night at the westerly end of Hillsdale Avenue where said avenue terminates at Almadén Road just after crossing the bridge over Guadalupe Creek. Both roads are two lane highways. The bridge is about 83 feet long and appears to be a concrete structure with low concrete walls at either side thereof. Hillsdale Avenue is a straight, level road for approximately one mile east of the bridge. On the immediate approach to the bridge from the east the road has a gradual and very slight rise continuing to the west side of the bridge. From there the road descends rather abruptly, dropping 30% inches in 48 feet to the easterly edge of the pavement of Almadén Road. It then drops 6 inches to the westerly edge of Almadén Road where there is an abrupt drop of approximately 29 inches to the level of the orchard which is at the west of the intersection. No signs of any kind or character were maintained on either Hillsdale Avenue or Almadén Road giving notice of the termination of Hillsdale Avenue or of the intersection thereof with Almadén Road. On the descent from the bridge to Almadén Road, there was a layer of loose gravel on the macadam surface which affected the traction of automobile tires and interfered with retarding the progress of an automobile by the application of brakes.