MILLER v. ATCHISON, T. & S.F. RY. CO.

Docket No. 5760.

166 Cal.App.2d 160 (1958)

332 P.2d 746

GILBERT DEAN MILLER et al., Respondents, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY (a Corporation), Appellant.

Court of Appeals of California, Fourth District.

December 15, 1958.


Attorney(s) appearing for the Case

Robert W. Walker, Matthew H. Witteman and Knauf, Henry & Farrell for Appellant.

Alexander K. Ginsburg for Respondents.


GRIFFIN, P.J.

This action involves a railroad crossing collision between an automobile owned and operated by plaintiff Gilbert Dean Miller, and occupied by the other plaintiffs, and a freight train at the Santa Fe crossing of Sierra Way, in a residential section of San Bernardino. It occurred on Friday evening, April 29, 1955, about 10 p.m. The weather was clear, cold and dry and the night dark. The intersection is formed by a right-angle crossing of defendant's single...

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