Megowan v. City of Los Angeles

SHENK, J.

The plaintiffs filed separate actions for damages for injuries to person and property against the City of Los Angeles and M. E. Meador caused by a collision between a city-owned car operated by the defendant Meador and a car operated by the plaintiff Megowan, with whom the plaintiff Onstad was riding. Judgments were entered in favor of the plaintiffs against both defendants. The defendant Meador has not appealed. The appeal of the defendant city is presented on a consolidated record.

The collision occurred between 7 :40 and 8 o’clock on Saturday morning, December 23, 1933, at the intersection of Beverly Boulevard and Highland Avenue in the City of Los Angeles. No point is raised with reference to the issue of negligence or the extent of the damage suffered by the plaintiffs.

At the time of the accident Rex W. Laws was, and for some time prior thereto had been, president of the board of fire commissioners of the City of Los Angeles. The fire commission is a citizen board, has its offices in the city hall and has the power and duty under the city charter to manage, control, regulate and supervise the fire department of the

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city. The Buick automobile involved in the accident had been purchased by the city and had been assigned to the board of fire commissioners particularly for “field supervision”. Mr. Laws had frequent occasion to use this car in connection with his duties as president and member of the board. ' Fireman W. T. Evans was accustomed to drive the car for him. On the day before the accident Evans had worked until about midnight and on “line up” next morning he informed Captain Raseoe of the department that Commissioner Laws wished the car at his residence at 251 Gower Street at about 7:45 o ’clock. On that morning, the 23d, Captain Raseoe ordered the defendant Meador to take the car and report to Mr. Laws at his home as requested by the latter. Mr. Meador was a fireman, under the direction of Captain Raseoe, had acted as a driver for Mr. Laws and knew the location of his residence. Meador took the car and started on his mission. It was before he arrived at Mr. Laws’ home that the accident occurred. Another city car was then dispatched to Mr. Laws’ residence, where he was picked up and proceeded on his intended business.