King

This is a personal injury action against a county. The court instructed the jury only on negligence and refused instructions on the Public Liability Act (Gov. Code, § 53051). Verdict and judgment were for defendant, and plaintiff appeals, The principal issue is whether refusal to instruct on the Public Liability Act constitutes error prejudicial to plaintiff.

Plaintiff drove to his place of employment over a county road. On return trips, he traversed a down grade, at the top of which was a sign “Steep Grade, Úse Low Gear,” and which was also posted with a number of “Slow, Curve” signs. On the afternoon of the accident, October 29, 1958, a county road crew used a grader to clear loose rock and soil from a drainage ditch along the side of this road, and move it across the road and over its downhill edge. A thin layer of this material remained over the oil and gravel surface of the road. This is the normal method of clearing ditches used by both county and state in maintenance of mountain roads. After completion of this job, plaintiff drove along the road on his return from work. He traversed some 135 yards of the area on which work had been done and then, just below a curve, his…