Fuchslin v. Hates

PEEK, J. This is an appeal by defendants and cross-complainant from a judgment rendered against them for damages arising out of a collision between a truck and trailer of plaintiff which was being operated by his employee, one R. F. Butler, and a truck and trailer belonging to defendant Hayes and driven by his agent, the defendant Gilbert.

Plaintiff by his complaint sought damages against the defendants by reason of the alleged negligent operation of defendant’s truck and trailer by Gilbert. By their answer and cross-complaint defendants admitted that the Hayes truck and trailer had become disabled on the highway but denied that any carelessness or negligence of either of them contributed to the accident, and as a further defense alleged the accident and resulting damage was caused solely by the careless and negligent operation of plaintiff’s truck and trailer by Butler.

The case was tried before the court sitting without a jury. At the conclusion thereof findings were adopted favorable to plaintiff, and judgment was entered accordingly.

The admitted and only uncontradieted facts are that defendant’s truck and trailer loaded with lumber were being driven in a southerly direction along Highway 99E at approximately one o’clock a. m. Said equipment was eight feet wide and had an overall length of fifty-six feet. At a point approximately four miles south of Live Oak in Sutter County, California, an auxiliary fuel tank came loose and fell under the wheels of the trailer. Upon application of the brakes by the driver, the trailer went out of control causing the truck to swerve to the left, spilling the lumber on the highway. When the truck was finally stopped it was entirely within the north bound lane of traffic, heading south, and the trailer extended diagonally across the highway in such a manner as to partially obstruct [18]the south bound lane. Immediately in front of the truck was a culvert guarded by concrete abutments at each side of the highway. The highway at this point was originally eighteen feet in width but had been widened to a width of twenty-two-feet by the addition of cement shoulders two feet wide. The culvert, however, had not been widened and was therefore four feet narrower than the highway. Shortly thereafter plaintiff’s truck and trailer, loaded with cattle, which likewise was proceeding in a southerly direction, struck the rear of defendant’s stalled trailer. One flare had been placed in a disputed spot at a disputed distance from the rear of the stalled equipment. No lights were burning on the trailer, the connection between the truck and trailer having been disconnected when defendant’s driver uncoupled the trailer from the truck. The headlights on the truck were burning. Prior to the accident, one truck and two busses, after coming to a complete stop, proceeded on past the stalled truck and trailer.