Pfeifer v. County of San Joaquin

430 P.2d 51, 67 Cal. 2d 177, 60 Cal. Rptr. 493, 1967 Cal. LEXIS 212
CourtCalifornia Supreme Court
DecidedJuly 28, 1967
DocketSac. No. 7800
StatusPublished
Cited by15 cases

This text of 430 P.2d 51 (Pfeifer v. County of San Joaquin) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pfeifer v. County of San Joaquin, 430 P.2d 51, 67 Cal. 2d 177, 60 Cal. Rptr. 493, 1967 Cal. LEXIS 212 (Cal. 1967).

Opinion

BURKE, J.

— Plaintiff in this personal injury action appeals from a judgment of nonsuit granted in favor of defendant County of San Joaquin after plaintiff’s evidence had been presented before a jury. An automobile driven by one Garrett struck plaintiff, a pedestrian, as he was attempting to cross a street. He sued both Garrett and the county.1 As against the county he alleged negligent creation and maintenance of a dangerous condition of the street, which the county denied. The county also asserted the plan or design defense found in section 830.6 of the Government Code. (See fn. 2 of Cabell v. State of California, ante, p. 151 [60 Cal. Rptr. 476, 430 P.2d 34].) As will appear, we have concluded that the evidence, viewed most favorably to plaintiff, fails to establish the existence of the dangerous condition upon which his claim against the county rests. Accordingly, the judgment must be affirmed.

When the accident occurred plaintiff was undertaking to walk across Alpine Avenue in the County of San Joaquin. The attached diagram illustrates the area.

Alpine is a paved east-west four-lane street, intersected at right angles by Delaware Street. East of Delaware a distance of about two city blocks Franklin Street also intersects Alpine substantially at right angles, slightly offset. Retail establishments were located on both sides of Alpine between Franklin and Delaware. The crosswalk at Delaware was marked, and that at Franklin unmarked. (See Veh. Code, § 275.) At the time of the accident there was no crosswalk between Delaware and Franklin, but there was a railroad right of way with [180]*180tracks intersecting Alpine at right angles about halfway between them and at an elevation of about 2% feet above the level surface of Alpine. Approximately 10 feet west of the tracks two parallel white “limit-lines” were painted across the two eastbound traffic lanes of Alpine to indicate where vehicular traffic should stop when a train was approaching. (See Veh. Code, § 22452, subd. (b).)

[179]*179

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Cite This Page — Counsel Stack

Bluebook (online)
430 P.2d 51, 67 Cal. 2d 177, 60 Cal. Rptr. 493, 1967 Cal. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfeifer-v-county-of-san-joaquin-cal-1967.