Granath v. Andrus

DESMOND, P. J.

In this action arising out of a collision between an automobile and a truck with trailer a jury awarded the plaintiff $5,000 damages against the driver of the truck and the owners thereof; also found in favor of the plaintiff on a cross-complaint filed by the owners. The appeal is from the judgment in favor of the plaintiff and against the defendants ‘ and from the whole thereof. ’ ’

The accident took place in the city of Long Beach at the intersection of Anaheim Street and Orange Avenue. These streets cross at right angles, Anaheim running in an easterly-westerly direction and Orange Avenue extending in a northerly-southerly direction. Anaheim Street is a “through highway,” as defined under section 82.5 of the Vehicle Code of the State of California, i. e. “. . . a highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same, and when stop signs are erected as provided in this code.” The plaintiff testified that on July 14, 1943, at approximately 7:40 a. m., he was driving his Plymouth automobile in a southerly direction on Orange Avenue. As he approached its intersection with Anaheim Street, he came to a stop opposite a sign which had been erected on the northwest corner. He first looked toward the east and noticed two or three automobiles traveling in a westerly direction. He then looked to the west and saw the truck and trailer being driven toward the east by the defendant Andrus. At that time the truck had just cleared the intersection at Anaheim Street and Alamitos Avenue, the next street corner toward the west, and the amber light was on but the trailer was still within the intersection. Looking again toward the east after the westbound automobiles had passed him, and seeing no cars approaching from that direction, plaintiff started straight ahead, looking to the south, and just before he reached a point approximately halfway through the southwest quadrant of the intersection the truck and trailer, which he then saw only

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ten feet to the west, struck his automobile, the serious damage complained of then ensuing.

Appellants concede that the evidence was sufficient to prove that Andrus, the driver of the truck and trailer, which measured fifty feet in length, was negligent in the operation of those vehicles, but claim that the judgment in favor of the plaintiff should be reversed on the ground that he was guilty of contributory negligence as a matter of law. They argue that respondent, after starting to the south in low gear and at the rate of five to ten miles per hour, had ample time and opportunity “to look again to the west to see whether that fast approaching truck might then constitute an immediate hazard.”