When a pedestrian is struck by a vehicle travelling in the same direction, does this rule apply in all circumstances?

We entertain no doubt whatever that this instruction is correct as a general statement of the law. But in cases involving collisions between pedestrians or vehicles traveling in the same direction, there has also grown up in our case law an exception to this general rule which renders the general rule misleading if given alone and without noting [133 Cal.App.2d 266] the exception. In the early case of Blackwell v. Renwick, 21 Cal.App. 131, 131 P. 94, decided in 1913, wherein plaintiff and his wife were walking along a car track near the center of the roadway along which there was a sidewalk provided for pedestrians, plaintiff was struck from the rear by an automobile traveling along the roadway in the same direction as plaintiff and his wife. Judgment in favor of plaintiff was sustained on appeal. At page 135 of 21 Cal.App., at page 96 of 131 P. of the opinion we find this language: