California Rendering Co. v. Pacific Electric Railway

THE COURT.

After a further and more complete consideration of the opinion herein rendered by the district court of appeal, we are of the opinion that it correctly states the views of this court upon the questions therein determined. This opinion, written by Justice

pro tern.

Wood and concurred in by Presiding Justice Conrey and Justice York, we hereby adopt as the opinion of this court, and it is as follows:

“Plaintiff recovered a judgment for damages sustained when its truck collided with a ear of the defendant company. The accident occurred at about 11:30 o’clock in the morning at a point at which the rails of defendant company cross Cypress road on the interurban electric line between Los Angeles and Redondo Beach. The defendant was operating two sets of tracks and the car in question, traveling from Los Angeles to Redondo Beach, struck the right rear wheel of the truck as it crossed the west-bound tracks. The driver of the truck, one Schultz, approached the intersection traveling on Cypress road in a northerly direction. At his right, the direction from which the ear was coming, a number of cypress trees planted close to the road obstructed his view to such an extent that he could not see an approaching ear from any point from which he would have to look through the trees. A line extending from the trees across Cypress road would be thirty-two feet from the nearest rail of the tracks on which the car was traveling. Except at the intersection defendant’s ears were operated

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on its right of way. A wigwag was in operation and the customary railroad sign had been erected. The territory about the intersection was described as ‘truck garden country’ and the intersection itself was described by Schultz as a ‘regular country road crossing.’ He had frequently driven over it before the day of the accident.

“Defendant contends that the evidence is insufficient to support the finding that it was negligent in the operation of the car, and cites

Bilton

v.

Southern Pacific Co.,