Bacich
Bacich v. Russell
Opinion
Lead Opinion
Woodfred, J.
Plaintiffs brought these actions to recover damages for injuries received in an automobile collision which occurred at the intersection of Laguna and Oak Streets, San Francisco, on the 28th of February, 1957, at 10 o'clock a. m. Verdict and the ensuing judgments were for the plaintiffs. Defendant Kimberlin has appealed.
Plaintiffs were in a ear which was a part of a funeral procession that was traveling south on Laguna. Defendants, in two separate cars, were traveling east on Oak. Traffic control signals displaying green, amber and red lights, located on each of the four corners of the intersection, were in operation at the time. Defendants testified that they entered the intersection on a green light and claimed the right of way under the provisions of section 476 of the Vehicle Code.
Plaintiffs claimed the right of way under a San Francisco ordinance, the significant provisions of which read as follows: “Whenever any funeral procession identifies itself by using markers, approved by the Police Commission, and by maintaining lighted headlamps, on all cars in such procession and by keeping all ears in close formation, the operator of any other vehicle and street car, except…