Griffith v. Steimle

MARKS, J. This is an appeal from an order granting plaintiff’s motion for a new trial on the grounds of errors of law occurring during the trial, and the insufficiency of the evidence to sustain the verdict.

Defendants maintained and operated a resort hotel known as Pine View Lodge in the San Bernardino Mountains. Plaintiff and her friends made reservations at the lodge. They reached the hotel on the evening of July 4, 1944, and were shown to a three-room cabin by a maid. The night was dark and the maid lighted the way with a flashlight, there being no other illumination. She conducted the party to the cabin, up steps to a porch and into the center room, lighting the light there. The guests wanted some water and the maid, accompanied by plaintiff, obtained a pitcher of water by walking to the east end of the porch and down two steps to a hydrant. There were six in the party with but one drinking glass in the room, so plaintiff offered to get some from the next room.

She went out of the room leaving the door open. Her course took her onto the porch and out of the area of the light shining through the door. She proceeded west along the porch in complete darkness guiding herself with her hand on the wall of the room. She could see nothing in front of her. She proceeded thus for a distance of seven feet nine inches when she fell off the unprotected end of the unlighted porch and was injured. She could neither see nor know anything of what was in front of her as she felt her way along the porch prior to her fall.

Defendants argue that the foregoing evidence conclusively shows plaintiff guilty of contributory negligence as a matter of law, and, as she could not recover because of such contributory negligence, it was error to grant her motion for new trial.

We consider the case of Skaggs v. Willhour, 210 Cal. 524 [292 P. 649], controlling here because of the identity of the [322]questions decided. The District Court of Appeal reversed a judgment in favor of the plaintiff Skaggs because, in the opinion of the Justices, he was guilty of contributory negligence as a matter of law in continuing to drive his automobile along a highway after he had been totally blinded by the glaring headlights of an approaching truck. (Skaggs v. Willhour, 289 P. 181.) A hearing was granted and the Supreme Court affirmed the judgment.

The Skaggs case was reviewed and the facts were more fully set forth than in the Supreme Court decision, in Morehead v. Roehm, 118 Cal.App. 312 [4 P.2d 995], where it was said: