Thorsen v. Pacific Greyhound Lines, Inc.

PULLEN, P. J. This matter comes before us upon a motion to dismiss the appeal or affirm the judgment in the above matter rendered by the court sitting without a jury.

The controversy arose out of an automobile accident in which three vehicles were involved, and occurred on the Napa Valley highway at a stone bridge about five miles north of St. Helena.

A Greyhound stage driven by Arthur J. Burke, was traveling north on its right side of the highway at approximately 40 miles per hour. Going south was a truck and trailer driven by Gordon Vejarano and owned by Merritt S. Leslie, since deceased, and whose estate is represented by the administratrix. Following the truck and trailer was a truck belonging to Harry Thorsen, plaintiff and respondent herein. The Greyhound and the truck of plaintiff met at the southerly portal of the bridge almost head, on, causing the damage which was the basis of this action.

It is the contention of appellants Vejarano and the administratrix of the estate of Leslie, deceased, that the driver of the stage was negligent, which negligence was the sole proximate cause of the accident. These appellants pointed out in the evidence that the stage was traveling between 40 and 45 miles an hour, and when about 2'00 feet from the truck and trailer, which was then still on the north side of the bridge, the driver of the stage saw the truck and [466]trailer was on the left side of the highway. The driver of the stage then took his foot off the gas, applied his brake and pulled over onto the dirt shoulder of the highway. At that point the brakes locked and the stage slipped, whereupon the driver of the stage, in an attempt to avoid running into the creek or striking the stone abutment of the bridge, swung' to his left grazing the bridge and striking the truck, of plaintiff which was following the truck and trailer of Leslie. Marks upon the highway indicate the stage had skidded approximately 75 or 80 feet and was going about 20 miles per hour at the instant of the impact. From this, appellant Vejarano and the administratrix contend the stage was either traveling at an excessive speed or the- brakes were faulty. It was also claimed the driver of plaintiff’s truck was contributorily negligent in that he saw the stage approaching, saw it to be in a position of danger, but did not apply his brakes until about 80 or 90 feet from the point of the impact, and that he was still traveling about 15 miles per hour when the two vehicles collided. The particular appellants claim therefore that the negligence of the operator of the truck and trailer in driving on the left side of the highway was not the proximate cause of the accident, but that the damage resulted from the negligence of the driver of the stage concurring with the contributory negligence of the respondent.