POBOR v. WESTERN PAC. R.R. CO.

Docket No. Sac. 7191.

55 Cal.2d 314 (1961)

359 P.2d 474

11 Cal. Rptr. 106

MILDRED S. POBOR et al., Appellants, v. THE WESTERN PACIFIC RAILROAD COMPANY (a Corporation), Respondent.

Supreme Court of California. In Bank.

February 9, 1961.


Attorney(s) appearing for the Case

Thomas W. Loris for Appellants.

Johnson, Davies & Greve and Burton Mason for Respondent.


McCOMB, J.

Plaintiffs appeal from a judgment in favor of defendant after trial before a jury in an action to recover damages for wrongful death.

Viewed in the light most favorable to defendant (respondent), the record discloses: About 5 a.m. on April 30, 1955, an automobile operated by Michael Pobor, father of plaintiff Peter Michael Pobor and husband of plaintiff Mildred S. Pobor, while traveling at a speed of 40 to 50 miles per hour along D Street in the...

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