McQuigg v. Childs

SEAWELL, J.

Appeal from a judgment awarding to respondent the sum of $2,500 clear of $250 for incurred physicians’ bills and costs of suit. The case was tried by the court, a jury having been waived. The sole question raised by the appeal is that respondent was guilty of contributory negligence and therefore judgment should have gone for appellants.

The injuries were inflicted in the city of Los Angeles at the intersection of Gower Street and Hollywood Boulevard. The former street extends northerly and southerly, while Hollywood Boulevard extends easterly and westerly. A double track street-ear system is operated on Hollywood Boulevard. It is a thoroughfare of some 70 or 80 feet in width, and considerable traffic passes over it. The accident in question occurred at about 7:30 A. M., December 27, 1927.

Respondent, who was intending to board an easterly bound street-car, traveled down the easterly side of Gower Street to a point some thirty feet northerly of the northerly, line of Hollywood Boulevard, and from that point cut across Gower Street to the northwesterly corner of the intersection of said streets, and from there, after making observations as to traffic, was hurrying across Hollywood Boulevard to the southerly car track, where a street-car

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had stopped to receive and discharge passengers, when said injuries were inflicted ■while respondent was attempting to reach the car, which had started, but stopped again upon respondent’s signal. A crosswalk twelve or fourteen feet in width and corresponding in width with the sidewalks on Gower Street if projected across Hollywood Boulevard, is marked as provided by Ordinance No. 50,515, New Series, of the city of Los Angeles, section 9, article III, which reads as follows: “Pedestrians’ right of way at intersections, (a) It shall be unlawful for the operator of any vehicle to drive into any cross-walk, outside of the central traffic district, which is marked as provided in section 11, of this ordinance, while there is in such crosswalk upon the half of the roadway upon which such vehicle is traveling any pedestrian engaged in crossing the roadway, until such pedestrian shall have passed beyond the path of said vehicle.”

The crosswalk, as marked in accordance with said ordinance, is, in the instant case, outside of a central traffic district. The evidence is easily sufficient to sustain a finding that respondent was within the zone in which she had a right to assume that reasonable care would be exercised by motorists to avoid injuring her. The negligence of the driver of the Cudahy Packing Company’s truck is not disputed.