POWELL v. PACIFIC ELECTRIC RAILWAY CO.

Docket No. L.A. 21092.

35 Cal.2d 40 (1950)

216 P.2d 448

WILLIAM S. POWELL et al., Appellants, v. PACIFIC ELECTRIC RAILWAY COMPANY, Respondent.

Supreme Court of California. In Bank.

April 4, 1950.


Attorney(s) appearing for the Case

Charles A. Thomasset for Appellants.

C.W. Cornell, O.O. Collins, Malcolm Archbald, John R. Allport and John H. Gordon for Respondent.


SPENCE, J.

Plaintiffs appeal from a judgment entered on a verdict denying them recovery of damages for the death of their minor son in a railroad crossing accident.

As sole ground for reversal, plaintiffs urge that the evidence established as a matter of law that defendant railway company was negligent, and that such negligence was the proximate cause of the fatal accident. But this appears to be the "usual fact case" for the jury's determination of liability...

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