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MURPHY v. ATCHISON, T. & S.F. RAILWAY

Docket No. 22916.

162 Cal.App.2d 818 (1958)

329 P.2d 75

ELEANOR MURPHY, as Special Administratrix, etc., Appellant, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY (a Corporation) et al., Respondents.

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

August 18, 1958.

Attorney(s) appearing for the Case

Melvin M. Belli, Ben C. Cohen and Alfred Lubin for Appellant.

Robert W. Walker and J.H. Cummins for Respondents.

HERNDON, J.

Plaintiff administratrix appeals from a judgment in favor of defendants entered upon a jury verdict in a wrongful death action. The decedent was killed when a passenger train operated by defendant Santa Fe collided with his truck at a grade crossing. Plaintiff advances as her sole assignment of error the refusal of the trial court to instruct the jury that her decedent was presumed to have exercised due care for his own safety. Defendants justify the refusal...

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