Williams v. East Bay Motor Coach Lines, Ltd.

THE COURT.

Consolidated actions for damages wherein the trial court directed verdicts for the defendant.

On February 25, 1934, plaintiffs Williams and Lorber— the latter then being Williams’ wife—boarded a motor-bus operated by defendant on and along San Pablo Avenue in Albany, Alameda County, for the purpose of being transported north to the intersection of this avenue with McDonald Avenue, which runs in a northeasterly and southwesterly direction. From this intersection the route of the auto-bus was along McDonald Avenue to Richmond. The plaintiffs intended to walk from the intersection along San Pablo Avenue to a point several blocks to the north. The usual stopping place of the vehicle was at or near the curb on the southeast corner of the intersection; but on this occasion, due to the fact that it was raining and water was flowing in the gutter along the east side of San Pablo Avenue, the bus stopped and plaintiffs alighted several feet to the west of the curb. Plaintiff Williams fixed this point to the

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northwest of the corner near the center line of San Pablo Avenue; while according to plaintiff Lorber it was further to the north at about the point of intersection of the center lines of San Pablo and McDonald Avenues. They testified that they did not notice the water until they had alighted, and then the bus had passed on. According to plaintiff Williams he protested to the driver about being compelled to alight at the place described. In this connection he testified that he was familiar with the neighborhood, having passed there frequently, and this was true, though to a less degree, of plaintiff Lorber. They then proceeded north along San Pablo Avenue, their course being to the east of the center line thereof. When they reached a point about 350 feet beyond McDonald Avenue they were struck and injured by an automobile, which was being driven north along San Pablo Avenue. Williams testified that when they alighted he looked' to the south and saw the light of an automobile about 1,000 feet away, but did not recollect that any automobile passed before the occurrence of the accident. It is undisputed that there was a sidewalk on both sides of the avenue; and plaintiffs testified that they pursued the course they did because their destination was on the east side of the avenue, and that they walked in the street because of the water flowing in the gutter. Both admitted that there was nothing so far as they knew to prevent them from crossing to the west side of the avenue and using the sidewalk on that side, but for the reason stated they did not do so.