Edwards v. Twain Lumber Co.

PEEK, J.

This is an appeal by plaintiffs from an adverse judgment in an action instituted by plaintiffs for injuries received as the result of a collision between plaintiffs’ car and a truck owned and operated by defendant company. Following the entry of the judgment, plaintiffs’ motion for a new trial was denied and this appeal followed.

The collision occurred at a point on the Feather River Highway where a private road known as Soda Creek Road enters the highway. Both vehicles were traveling in a northerly direction. The actual collision was allegedly occasioned when the driver of the truck turned left on the private road as plaintiff was about to pass.

Plaintiffs’ opening brief of more than 100 pages contains over 20 separate contentions. In the main, these refer to matters arising during the

voir dire

examination of prospective jurors; the admission and refusal of certain testimony; the sufficiency of the evidence to sustain the verdict; and the instructions, some of which were given and some of which were refused. However, since the case must be reversed because of certain instructions given by the court pertaining to the passing of vehicles and in particular at intersections, it is unnecessary to discuss the other contentions.

In its first instruction relative to the rules of the road, the court read in its entirety section 528 of the Vehicle Code, which section sets forth the rules governing the overtaking and passing of vehicles proceeding in the same direction. The next instruction given was in the language of section 530:

“Limitations on Overtaking on the Left.

“ (a) Except when a roadway has been divided into three traffic lanes, no vehicle shall be driven to the left side of the center line of a roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient

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distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet of any vehicle approaching from the opposite direction.