Pacific Greyhound Lines v. Querner

McMURRAY, J. pro tem.

*

Plaintiff’s bus was proceeding toward Los Angeles from Colton, on Highway 99, at 2 :4-5 a.m. on March 7, 1954; there was a heavy fog which limited visibility to an estimated 60 to 75 feet and the average speed of the bus was between 25 and 30 miles per hour to a point about 12 miles west of Colton, where a car came onto the highway in front of the bus. The bus decelerated to about 15 miles per hour to allow this car to accelerate and proceed ahead of the bus, when defendants’ truck and semitrailer struck the rear end of the bus, resulting in damages stipulated to be $3,021.93.

The taillights and stop lights on the bus were lighted and functioning at the time of the collision.

The court gave judgment for defendants, and plaintiff appeals.

This appeal was submitted in accordance with the apposite provisions of rule 17(b) of the Rules on Appeal, the respondents having signified a desire to submit it on appellant’s opening brief.

Under the facts here shown, there arose an inference of negligence on the part of the driver of the rearmost vehicle in such a collision. In

Cartmill

v.

Arden Farms Co.,

83 Cal.App.2d 787, 789 [189 P.2d 739], the rule was stated as follows:

“The appellants recognize the usual rule that evidence that a moving vehicle has collided with another moving vehicle ahead of it furnishes at least some proof of negligence on the part of the driver of the colliding vehicle.

(Gornstein

v.

Priver,

64 Cal.App. 249 [221 P. 396] ;

Elford

v.

Hiltabrand,

63 Cal.App.2d 65 [146 P.2d 510];

Day

v.

General Petroleum Corp.,

32 Cal.App.2d 220 [89 P.2d 718] ;

Linde