Phillips v. Pickwick Stages

WARNE, J.,

pro tem.

The above-entitled actions were brought to recover damages for personal injuries alleged to have been suffered by each of the plaintiffs by reason of the alleged negligence of the defendant in the operation of one of its autostages, in the city of Ventura. Having grown out of the same accident and having involved the same facts relative to the accident, the actions were by stipulation tried together on the same evidence. The cases were tried before a jury. The plaintiffs recovered judgment in each ease and the defendant appeals. The appeals have been consolidated and the grounds of appeal are the same in each case.

Briefly, the facts are as follows: On the morning of July 4, 1924, the American Legion were having a parade in the city of Ventura, which was proceeding along Main Street in an easterly direction to California Street, thence southerly down California Street on the west side of the street. The intersection of the street was crowded with people, among whom were the plaintiffs, and the street was closed to traffic at this point by reason of the people extending out into the street. But east of this corner and on the south side of the street up as far as Chestnut Street, the street was open to traffic.

On the morning in question appellant was operating one of its stages from Los Angeles to Santa Barbara and a part of its route extended through the city of Ventura. Coming into Ventura, when the stage reached the corner of Main and Chestnut Streets, which is four hundred feet east from California Street, the point of the accident, the driver turned down Main Street, traveling at a rate of speed not exceeding ten miles an hour toward the line of parade. It is a down grade from Chestnut to California Street.' Shortly thereafter the driver saw the crowd of people lined across California Street at the corner and knowing he was going to be obliged to stop, he put the stage iii low gear and rolled down the hill. Shortly thereafter he started to stop the stage by means of the use of the foot-brake and in so doing the foot pedal which operated that set of brakes suddenly broke, rendering it useless. The driver headed the stage for a lamp-post on the south

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side of the street, but before reaching it a child stepped out into the street between the lamp-post and the stage and he turned the stage in order to avoid hitting the child and proceeded toward the crowd. The driver was not able to stop the car by use of the emergency-brake and the three plaintiffs, who were standing out more or less in the street with their backs to the direction of the autostage intently watching the parade, were struck by the stage and injured. The driver did not sound his horn either before or after the foot-brake pedal broke. Automobiles were standing in three rows and occupying the right half of Slain Street for most of the block immediately east of the point of accident. The left side was unobstructed.