[Download] "Arellano V. City Of Burbank" by Supreme Court Of California In Bank " Book PDF Kindle ePub Free
eBook details
- Title: Arellano V. City Of Burbank
- Author : Supreme Court Of California In Bank
- Release Date : January 06, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
CURTIS, J. This cause was transferred to this court after decision by the District Court of Appeal to give further consideration to the contention of the appellant that the decision of the District Court of Appeal was in conflict with certain prior decisions of that court and particularly the decisions in the cases of Waldorf v. City of Alhambra, 6 Cal. App. (2d) 522 [45 Pac. (2d) 207], and Robertson v. City of Long Beach, 19 Cal. App. (2d) 676 [66 Pac. (2d) 167]. After a careful study of those decisions, we find no conflict between them and the decision of the District Court of Appeal in the present action. While the collision in each of these cases occurred upon a street in which there was a "jog" or "offset" at the intersection of said street, in the Waldorf and Robertson cases, the driver of the automobile after crossing over the intersection collided with the curb and sidewalk in front of the abutting property which extended beyond the property line on the opposite side of the cross street. In other words, he ran over and upon the curb and sidewalk along the property which formed the "jog" in the street. It was held that the curb, sidewalk, and the parkway with the trees growing in the parkway, in front of that portion of the property included within the jog or offset "constitute a barrier or warning sufficient to avert disaster and as readily visible to the alert driver as a sign informing him of the condition" in the street. In the present action the driver did not collide with the jog in the road, but drove across the intersection onto the unpaved right of way of the railway company, and there was no curb, sidewalk, or parkway, or other barrier to warn him of the changed condition in the highway. The curb referred to in the present action was not across the course which the automobile was traveling as it was in each of the two cases cited by appellant, but was parallel to said course and only a surface of some eight inches square was visible to the driver. Due to the fact that the street west of the crossing was only 40 feet wide, it was necessary for the driver to operate the automobile along or near the car track. This course when continued beyond the crossing brought him onto the unpaved portion of the railway right of way, and as we have just stated, there was no barrier of any kind whatever to inform him of the changed condition in the street.