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

Docket No. 22388.

157 Cal.App.2d 455 (1958)

321 P.2d 29

AURILEO LAZZAROTTO, Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Respondent.

Court of Appeals of California, Second District, Division Three.

February 5, 1958.


Attorney(s) appearing for the Case

Robertson, Harney, Drummond & Dorsey for Appellant.

Belli, Ford & Ashe and Robert E. Ford as Amici Curiae on behalf of Appellant.

Robert W. Walker, William F. Brooks and Louis M. Welsh for Respondent.


SHINN, P.J.

At about 1:10 in the morning of January 22, 1955, plaintiff drove his sedan into the side of defendant's freight train, wrecking the automobile and causing plaintiff severe injuries. In this action for damages upon a complaint charging negligence, defendant denied negligence and pleaded the contributory negligence of plaintiff. The cause having been submitted to a jury a verdict was rendered in favor of plaintiff for $30,000; judgment on the verdict was...

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