This is an appeal from a judgment for damages for injuries sustained by the plaintiff as a result of having been struck by a taxicab while crossing a street after leaving a street-car at an intersecting corner in Sacramento. The appellant relies chiefly upon the alleged contributory negligence of the plaintiff as a cause for reversal. The plaintiff failed to look to his right, whence the automobile which caused his injuries approached, before he proceeded to cross the street.
The plaintiff, who was seventy-five years of age, was employed as a janitor at the courthouse in Sacramento. The morning of June 16, 1928, he entered a street-car for the purpose of going to his work. Proceeding westerly along K Street this car stopped at about 5:30 o ’clock A. M. at the corner of Seventh Street, opposite the postoffice building. Except for the taxicab which was involved in the accident, no other traffic was present at this point. There were but two other passengers on the street-car. The pedestrians’ pathway across K Street where it intersects Seventh Street was indicated by broad white bands painted on the pavement. A safety zone four feet in width was likewise outlined on the pavement, adjacent to and parallel with the street-car track on the north side for a distance of forty-four feet east of the easterly intersecting line of Seventh Street. The distance from the northerly line of this safety zone to the northerly curbing of K Street was twelve and a half feet. This space was reserved for machines traveling westerly along K Street.
For a distance of about a block the defendants’ taxicab had been- following the street-car upon which the plaintiff was riding. As the street-car stopped at the corner of Seventh and K Streets, the taxicab slackened its speed, but did not stop. The plaintiff left the street-car from its front end, grasping the upright bar ' with his left hand as he stepped down on to the pavement at the extreme westerly end of the safety zone. He failed to look for vehicles along tlie street toward the rear of the street-car either before he descended from the car or immediately afterward. Promptly stepping into the pedestrians’ pathway, without looking to his right, from which direction he might expect approaching vehicles, he proceeded to cross K Street to the northerly curbing. After reaching a point about eight feet from
In.answer to the complaint for damages which was filed in this case, the defendants pleaded and relied upon the charge of contributory negligence on the part of the plaintiff for failure to look for approaching vehicles before stepping into the pathway of danger. After a careful examination of the record we are unable to find evidence of any circumstances which may excuse this necessary exercise of ordinary care. The evidence is without conflict to the effect that the plaintiff did fail to exercise this precaution for his own safety. It therefore appears to be imperative to hold that he was guilty of negligence as a matter of law, which directly contributed to the injuries which he sustained.
The plaintiff testified that when the street-car stopped at the corner of Seventh and K Streets with the front end of the car at the white mark indicating the pedestrians’ pathway across K Street, he “stepped right off the (front end of the) car in the pedestrians’ lane. Q. Which way were you facing when you got off the car? A. Northwest—west and north. ... I started across the street . . . toward the postoffice on Seventh Street. . . . I got about eight feet across the street, and I turned around this way and saw the car coming. ... I turned around towards the east, I was facing this way (indicating), . . . the (taxi) car was coming down EZ street on the north side, . . . going on west. ... It (the taxicab) was about 16 or 18 feet from me when I saw it first . . . coming in the same direction as the street-car was progressing. ... I jumped for my life to get out of the way of it. . . . The car hit me and knocked me down. ... I didn’t know anything for a little while.” Upon cross-examination he further testified: “Q. And you faced to the north, or northwest (when you alighted from the street car) ? A. West of north; I thought I was facing north. Q. You faced, looking down EZ street, did you, as you got off the car? A. Yes towards the Bon Marche corner there, . . . the northwest corner of Seventh and K streets, . . . the opposite corner from the postoffice. . . .
The plaintiff makes it very clear that he utterly failed to look to his right along the public street, from which direction he should have anticipated the approach of vehicles. He took no precaution for his own safety before stepping into the pathway of danger. The record contains no evidence to the contrary. Nor are there any circumstances which may excuse this failure to exercise ordinary precaution. It was broad daylight. The street-car was not crowded with passengers so as to obscure his view to the rear. The street was almost free from traffic. The record indicates that the defendants’ taxicab was the only automobile in sight. A glance to the rear before the plaintiff alighted from the street-car, or before he walked out into the pathway of the automobiles would have disclosed this approaching car. The plaintiff had no right to assume that a passing automobile would stop until he reached the curb
It is the invariable rule of law, which is in accordance with good reason that it becomes the duty of a person who purposes to cross a city street, to carefully look in the direction from which he may anticipate the approach of vehicles, immediately before venturing into the pathway of traffic. In the absence of excusable circumstances the failure to do so will constitute contributory negligence. (Niosi v. Empire Steam Laundry, 117 Cal. 257 [49 Pac. 185] ; Davis v. Breuner Co., 167 Cal. 683 [140 Pac. 586]; Lord v. Stacy, 68 Cal. App. 517 [229 Pac. 874]; Finkle v. Tait, 55 Cal. App. 425, 432 [203 Pac. 1031]; Mayer v. Anderson, 36 Cal. App. 740 [173 Pac. 174] ; Filson v. Balkins, (Cal. App.) 273 Pac. 445, superseded by 206 Cal. 209 [273 Pac. 578].)
Conceding the negligence of the defendants in the present ease with respect to the careless manner in which the taxicab was operated, the undisputed evidence showing a lack of due caution on the part of the plaintiff precludes his right to recover. It therefore becomes unnecessary to consider the other points presented by the appellants.
The judgment is reversed.
Jamison, J., pro tem., and Finch, P. J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on December 12, 1929, and the following opinion then rendered thereon: