Lacy

Lacy v. Pacific Gas Electric Co.

Good Law
1934 Cal. LEXIS 504·220 Cal. 97·29 P.2d 781
Supreme Court of CaliforniaFebruary 16, 1934Docket No. Sac. 4817.California409 words

Opinion

Lead Opinion

Curtis, J.

After a re-examination of the authorities applicable to the legal issues involved in this cause, we find ourselves in accord with the opinion of the District Court of Appeal handed down by said court when this action was pending therein. The queston concerning which we were in doubt when we granted a hearing herein was whether the appellate court had properly applied the doctrine of proximate cause to the facts in this case, where the defendant was held liable for injuries sustained by plaintiff by reason of the negligence of Gage in driving his automobile over the power line pole which the defendant’s employees had negligently left in plaintiff’s driveway. The authorities in this state hold that where the original negligence continues and exists up to the time of the injury, the concurrent negligent act of a third person causing the injury will not be regarded as an independent act of negligence, but the two concurring acts of negligence will be held to be the proximate cause of the injury. (Carroll v. Central Counties Gas Co., 74 Cal. App. 303, 308 [ 240 Pac. 53 ]; Id., 96 Cal. App. 161, 167 [ 273 Pac. 875 , 274 Pac. 594 ], in addition to Pastene v. Adams, 49 Cal. 87 , and other…

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