Vinson

Appellant, Steven J. Vinson, received serious personal injuries on September 1, 1965, when he drove his motorcycle through a barricade and into an open ditch which had been excavated part way across Grant Avenue in Escondido, California. He brought suit to recover damages against Ham Brothers Construction, Inc. (Ham), the construction company that dug the ditch, the City of Escondido, and Flasher Company of Southern California (Flasher), the company which furnished certain of the barricades and the blinker lights used and erected by Ham. The case was tried by a jury. On motion, a nonsuit was granted to Flasher, and no appeal has been taken from the judgment entered thereon. At the close of evidence, Ham and the City of Escondido moved for a directed verdict on the grounds (1) the evidence was insufficient as a matter of law to establish negligence, and (2) the evidence established as a matter of law appellant was guilty of contributory negligence. The motions were granted, and the court directed the jury to return a verdict in favor of Ham and the City of Escondido and against appellant. The appeal is from the judgment entered on the verdict returned in accordance with…