High
High v. Bond
Opinion
Lead Opinion
Barnard, J.
This is an action for damages. The plaintiff, who was a “trouble-man” for the San Diego Gas & Electric Company, was sent at some time after 7:30 P. M. on April 1, 1926, to repair a certain street light. The evidence shows this light was not at a street intersection, but was hanging over the road on a rather sharp curve, and about two feet north of the center of the street. The plaintiff stopped his car, headed east, next the south curb and about opposite the street light. He testified that after lowering the street light by means of a rope from a light pole on the curb, he took a stepladder from his car, and that he had just stood the ladder on the ground at the left of his car, when he was hit. The driver and another occupant of defendant’s car, however, testified that while traveling west, they came around the curve; that they were temporarily blinded by the lights of plaintiff’s car; that they suddenly saw a stepladder near the center of the street, under the lamp; that before they could stop the car struck the stepladder; and that the defendant fell on the hood of the car, breaking the windshield, and then slid off to the pavement. Defendant’s car was being driven at about…