VALLES v. UNION PAC. R. CO.

Nos. 7763, 7764.

238 P.2d 1154 (1951)

VALLES et ux. v. UNION PAC. R. CO. et al. VALLES v. UNION PAC. R. CO. et al.

Supreme Court of Idaho.

December 21, 1951.


Attorney(s) appearing for the Case

Bryan P. Leverich, Salt Lake City, Utah, L. H. Anderson and E. H. Casterlin, Pocatello, and Ryan & Ryan, Weiser, for appellant Railroad.

Hawley & Marcus, Boise, for defendants Nakamura.

Donart & Donart, Weiser, and Welker & Daniel, Payette, for respondents.


GIVENS, Chief Justice.

In the western portion of Weiser, the four parallel tracks of appellant Railroad Company extend approximately east and west. The northernmost track is a siding; the second track from the north is a passing or side track; the third is the main line, and the fourth track from the north is another passing or side track.

A little after 6 o'clock in the morning of May 29, 1950, Saturo Nakamura, driving his automobile, approached these tracks...

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