Lorincie

Plaintiff appeals from a judgment of non-suit in a jury trial in favor of defendant San Diego Gas and Electric Company (Company) in a personal injury action.

Facts

The following is the evidence viewed most favorably for the plaintiff.

On January 24, 1963, plaintiff Lorincie was driving a pickup truck southerly on Rancho Santa Fe Road; at that time Company was conducting a ditching and pipeline operation along the westerly portion of the paved roadway. In ditching, Company placed the soil upon the roadway between the ditch and the double center line, thus reducing the traveled portion of plaintiff’s side of the roadway by half.

Company’s employees had finished for the day, leaving about 200 feet of open trench with the spoil piled up alongside. There were no signs or barriers indicating that there was construction going on in the area, nor were there any speed reduction signs. The lighting conditions were such that artificial lights were not required, although plaintiff had his head lamps lighted.

Plaintiff had seen the excavation and was proceeding at a reduced speed. The right wheels of his vehicle were running over pieces of the earth at the toe of the soil pile and his…