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MARTINDALE v. CITY OF MOUNTAIN VIEW

Docket No. 19593.

208 Cal.App.2d 109 (1962)

25 Cal. Rptr. 148

MARY JO MARTINDALE et al., Plaintiffs and Appellants, v. CITY OF MOUNTAIN VIEW et al., Defendants and Respondents.

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

October 2, 1962.

Attorney(s) appearing for the Case

J.A. London and William G. Filice for Plaintiffs and Appellants.

Hoge, Fenton, Jones & Appel, Edwin D. Jones, Jr., Rodney R. Atchison, City Attorney, Alexander, Bacon & Mundhenk, Herbert Chamberlin, Rankin, Oneal, Luckhardt & Center and William A. Ingram for Defendants and Respondents.

AGEE, J.

This is a wrongful death action brought by the widow and minor children of the decedent, who was killed when he drove a pickup truck over a railroad crossing and was struck by a train. Decedent's brother is a coplaintiff, seeking damages for the truck.

The defendants are the City of Mountain View, within whose confines the crossing is located, the Southern Pacific Company and the engineer who was operating its train, and Wilder & Jones, a corporation...

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