Lang v. McKinney Blueprint Paper Co.

KNIGHT, J.

This is an action to recover damages for personal injuries sustained by plaintiff as a result of being struck by a motorcycle driven by defendant Jorgensen, who at the time was performing a service for his co-defendant and employer McKinney Blueprint Paper Company. The action was tried before a jury, and plaintiff was awarded a verdict of $2,750. Defendants appeal, urging as grounds for reversal that the evidence shows that plaintiff was guilty of contributory negligence, and is insufficient to prove negligence on the part of defendants.

The facts are not disputed and in substance are as follows: “The accident happened at the intersection of Third and Hill Streets, Los Angeles, which streets cross each other at right angles, Hill Street running north and south, and along its center are laid the double tracks of the electric street-ears. There was a safety station on the west side of Hill Street just north of its intersecting line with Third, provided for persons desiring to board the south-bound street-cars on Hill Street, and traffic signals were maintained at this intersection. Respondent started to walk easterly, with the traffic, across Hill Street from the northwest cor

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ner to the northeast corner of said intersection, and upon reaching the westerly street-car track the first bell of the traffic signal sounded to clear the traffic going east and west on Third Street, preparatory to the sounding of the second bell to open the traffic going north and south on Hill Street. Having ample time to reach the curb on the other side of Hill Street before the second bell sounded, respondent continued to go forward with the traffic, but when he got as far as the easterly street-car track he was prevented from going farther on account of automobiles turning northerly into Hill Street from Third; and while thus waiting to proceed the second bell of the traffic signal sounded, releasing the traffic going north and south on Hill Street. Immediately thereupon a north-bound street-car which had been waiting south of the intersection moved forward on the easterly track behind respondent and a line of automobiles traveling parallel with the street-ear proceeded to pass in front of him; consequently respondent was unable to go in either direction, and while standing as far back toward the car track as was safe, and as far forward as possible toward the line of automobiles passing in front of him, Jorgensen, mounted on his motorcycle, came suddenly from behind a street-car which he had been following and at a rapid rate of speed attempted to pass between the street-car on his left and the line of automobile traffic on his right, with the result that he struck respondent, knocking him violently to the pavement, the force of the impact causing a compound comminuted fracture of the right leg, the bone being splintered and protruding through the flesh. Respondent was a farm laborer, and at the time of the accident was fifty-eight years of age. The severe fracture he sustained caused delayed union of the bones, and besides enduring much pain, he was compelled to lie in bed on his back three months; and at the time of the trial, in May, 1925, which was approximately a year after the accident, he was still on crutches and the medical testimony shows that the injured limb will never reach its normal strength.