Porter v. Signal Trucking Service, Ltd.

GRIFFIN, J. Plaintiffs and respondents brought this action for damages on account of injuries received in a collision on Pacific Highway, in the city limits of San Diego, on February 17, 1941. Plaintiff Ortega was riding as a guest in an automobile operated by plaintiff Porter in a southerly direction on Pacific Highway. Pacific Highway is a four-lane “through” highway (each lane is 22 feet wide) divided in the center by a concrete island or partition, and is the main highway leading from the city of San Diego to Los Angeles. Defendant Vance, driver for the defendant Signal Trucking Service, Ltd. was operating a loaded truck and trailer consisting of three units, in a southerly direction on that highway. These units were controlled by air brakes. The accident occurred at an intersection where Magnolia Avenue enters Pacific Highway from the west, but does not cross Pacific Highway. There is a break, however, in the concrete divider, just as if Magnolia Avenue continued through as a street at that point. There was a stop sign at the entrance of Magnolia Avenue into Pacific Highway. About 6 a. m., the time of the accident, the highway was wet and there was a heavy fog. It was still dark. As Vance came to the intersection of Magnolia Avenue and Pacific Boulevard, he was traveling between 40 and 45 miles per hour. The truck and trailer were upset in such fashion that the trailer lay on its side across the westerly or south-bound half of the highway, blocking practically the entire pavement. The highway was of dark concrete and as the trailer lay on its, side the bottom of it was in the direction facing oncoming traffic from the [291]north. It was also of a dark color that blended with the color of the pavement and at the time of the morning between dark and daylight it was very difficult to see. Shortly after the trailer was upset on the highway the ear driven by Porter collided with the trailer. According to plaintiffs’ testimony there were no lights or other flare warnings on the truck or in the highway at the time. Porter and Ortega received serious injuries.

Vance testified in his deposition, offered in evidence by plaintiffs, that he was driving his truck south on Pacific Highway in the right-hand lane that morning; that as he was about 100 feet from the intersection he saw a car (Wilcox car) approaching from the west at about 5 miles per hour and at a position about 40 or 50 feet from Pacific Highway on Magnolia Avenue; that his lights and the lights on the Wilcox car were burning; that he noticed that the Wilcox car came onto Pacific Highway without stopping at the boulevard stop sign and crossed “the center line about six feet” and then stopped; that Vance applied his brakes and immediately “swerved” his truck suddenly to his left to avoid striking the Wilcox ear; that he then ran into the center island and that the trailer portion turned over, as indicated; that after the Wilcox car came to a stop in the highway it backed up, otherwise he would have hit it. He also testified that the cab portion of the truck did not turn over and that he was not hurt; that he jumped out of his truck to “grab his flares” but did not have time to place them; that he saw two machines, about 150 yards or so north of him, coming south so he waved his arms at them; that in about 8 to 10 seconds one car stopped and the second one (Wilcox’s car) “pulled to the inside and ran right into the center of the semi.” He also testified that he later put out flares in the highway and that he noticed that the skid marks made by the truck were about 200 feet long.