Jackson v. Leonardt Peck

JAMES, J.

Plaintiff, by the judgment of the trial court, was awarded damages because of the alleged negligent act of the defendant in maintaining upon the street an obstruction with which the automobile of the plaintiff collided. Defendant has appealed.

It is the contention of appellant that the plaintiff failed to establish against it any negligent act authorizing the recovery. This contention seems to be borne out by the evidence as the record shows it. At the time in question a building was being constructed at the northwest corner of Seventh and Figueroa Streets, in the city of Los Angeles. On Seventh Street, and approximately one hundred feet from the corner, in the street but close to the curb line, was a concrete-mixer owned by the defendant and used in mixing the cement which entered into the construction of the building. Seventh Street at that point runs in an approximately easterly and westerly direction and its intersection with Figueroa forms nearly, if not quite, a right angle. Plaintiff, driving a motor coupe, and in full daylight, drove south along Figueroa and turned west on Seventh Street. Seventh Street was sufficiently broad to permit of free passage of vehicles without use of the space upon which the concrete-mixer was placed. The width of the mixer at its base, as it extended from the curb into the street, was about eight feet. There was a metal hopper attached to an arm of the machine, which could be let down or raised up by a cable attachment. On the day in question (being Sunday, and the machine not being in use) the hopper was in a raised position. When

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raised the metal part of the hopper, at a distance of about six and a half or seven feet from the ground, extended out about two feet beyond the main body of the machine and toward the center of Seventh Street. When in that position the machine furnished less obstruction to traffic on the street than with the hopper lowered. As plaintiff was driving her automobile past the mixer the right-hand front comer of the top collided with a corner of the hopper. The force of the contact partially broke the hopper loose from its attachment and it came down and rested, when plaintiff’s machine finally stopped, on the rear fender. The automobile of plaintiff was damaged considerably and several hundred dollars were expended to cover the cost of repairs.