Goody

This is an action to recover damages for injuries allegedly sustained by the plaintiff as a result of the negligent operation of an automobile by the defendant Irey, a traffic officer, employed by the defendant City of El Cajon.

In Goody v. City of El Cajon, 196 Cal.App.2d 6 [ 16 Cal.Rptr. 254 ], this court affirmed an order of nonsuit, dismissing the action as to the defendant Irey, and reversed a judgment on the pleadings in favor of the defendant city. Subsequently, the action against the city was tried before a jury and resulted in a judgment in its favor. The plaintiff appeals.

On the evening of October 6, 1958, the plaintiff while driving a 1957 Ford pickup truck, was stopped by Officer Irey for an alleged traffic violation, viz., excessively loud exhaust noise; was advised by the officer that the exhaust noise from his truck was too loud; protested that it was not too loud; refused to accelerate his motor, at the officer’s request, so that the extent of the noise made thereby could be determined; claimed that this would be unwise because of a “knock” in the motor which he feared was due to a defective rod; got out of the truck when the officer commanded him to do so;…