JOHNSTON v. KEY SYSTEM TRANSIT LINES

Docket No. 17662.

167 Cal.App.2d 383 (1959)

334 P.2d 243

GAIL JOHNSTON, Respondent, v. KEY SYSTEM TRANSIT LINES (a Corporation), Appellant.

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

January 27, 1959.


Attorney(s) appearing for the Case

Hardin, Fletcher, Cook & Hayes, Cyril Viadro, George E. Thomas and Donahue, Richards & Gallagher for Appellant.

Barnard Allard and Leon G. Seyranian for Respondent.


DOOLING, J.

Defendant appeals from a plaintiff's judgment in an action for wrongful death. Respondent's son was a passenger in an automobile which was struck by a train operated by appellant at the intersection of 28th and Poplar Streets in Oakland. The son died as a result of this collision.

The collision occurred a few minutes after midnight on June 19, 1955. The automobile, driven by Richard Schuler, was proceeding easterly on 28th Street and despite the...

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