Roddy
People Ex Rel. State Department of Public Works v. American Smelting & Refinining Co.
Opinion
Opinion
Sturtevant, J.
The plaintiff, an employee on the San Praneisco-Oakland Bay Bridge, while engaged as a flagman, at about 7:45 A. M. on the 11th day of October, 1936, was directing traffic on the eastern end of said bridge. The officers in charge of the bridge were commencing to paint the ceiling of the lower deck of the bridge. For that purpose they were using a movable gantry. From time to time the gantry was moved and in moving it it became necessary to protect the employees from being injured by passing traffic. Flagmen were stationed on each side and the plaintiff was stationed on the eastern side. A passenger bus operated by the Key System and driven by R. J. Brown, approached from the east and stopped. Almost immediately thereafter a truck operated by the American Smelting and Refining Company and driven by Andrew J. McQueen, also approached from the east behind the bus. The bus having come to a stop the truck swerved to the right, passed the bus, and collided with the plaintiff. To recover damages for the injuries sustained the plaintiff commenced this action against both corporations and both drivers. The jury returned a verdict in favor of the plaintiff against the American Smelting and…