LeGrand

This is an appeal from judgments of nonsuit in personal injury and wrongful death cases arising out of a series of freeway collisions. Plaintiffs brought these actions against defendants Patrick, Smith, and the Yellow Cab Company of San Gabriel Valley as Doe No. 16. Paul K. White was named as a defendant, but apparently was not served. The appeal as to the defendant Smith has been dismissed.

The facts most favorable to the plaintiffs are: On August 15, 1962, at about 8 p.m., a Ford automobile had gone out of control and came to rest crosswise of the No. 1 westbound lane of the San Bernardino Freeway near Kellogg Hill. Highway Patrol Officer Byron W. Taylor, who had been sent to investigate this accident, parked his patrol car near the center divider partially in the westbound lane easterly of the aforesaid Ford and had placed flares to warn oncoming traffic. Plaintiff Theresa V. LeGrand and her husband, driving in a 1961 Corvair westbound in the No. 1 lane, came to a stop behind the patrol car and then their vehicle was struck in the rear causing it to be pushed forward into the patrol cár. Mrs. LeGrand was injured and her husband died as the result of the accident. A…