Erickson v. Water Land Truck Lines

SCOTT (Robert H.), J. pro tem. Plaintiff appeals from an adverse judgment following verdict of a jury in a personal injury case.

[211]Plaintiff was driving her automobile west and defendant Petrillo was driving defendant corporation’s tractor and semitrailer east, both on Alameda Boulevard, in the WilmingtonLos Angeles Harbor area. It was on November 3, 1950, at about 4:30 o’clock p. m., daylight, weather clear, visibility good. The highway was 44 feet wide with four lanes of 11 feet each, two on each side of two solid white lines down the • center. Each party produced evidence that the collision occurred on her or their respective side of the center double lines. There were no intersecting streets, private roads or alleys or lanes. At the time of the collision and immediately prior thereto defendants’ vehicle was in the process of overtaking and passing another vehicle travelling in the same direction as defendants’.

There is no claim that the evidence is inadequate to support the verdict. The sole ground of appeal is that toward the conclusion of the trial the court, at request of defendants, read to the jury an instruction based on section 525(a) of the Vehicle Code, with an addition thereto, all of which plaintiff, on this appeal, declares was prejudicially erroneous because it was not properly applicable to the facts, and confused and misled the jury. That instruction is as follows:

“Section 525, Vehicle Code, State of California, provides in part as follows':

“ 1 (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

“ ‘(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.

“ ‘ (2) When placing a vehicle in a lawful position for, and when such vehicle is lawfully making a left turn.

“ ‘ (3) When the right half of a roadway is closed to traffic while under construction or repair.

“ 1 (4) Upon a roadway designated and signposted for one-way traffic.’

“A solid double white line painted along the center of a roadway is the established marking indicating that there shall be no driving to the left side thereof.” The court also read to the jury the following instruction which included subdivision (b) of section 525 of the Vehicle Code: