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MILLER v. NORTHWESTERN PAC. R.R. CO.

Docket No. 20163.

206 Cal.App.2d 500 (1962)

24 Cal. Rptr. 99

HOMER MILLER, a Minor., etc., et al., Plaintiffs and Respondents, v. NORTHWESTERN PACIFIC RAILROAD COMPANY et al., Defendants and Appellants.

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

August 6, 1962.

Attorney(s) appearing for the Case

Bledsoe, Smith, Cathcart, Johnson & Phelps and Robert A. Seligson for Defendants and Appellants.

Jeremiah F. O'Neill, Jr., Robert A. Kaiser, J. Adrian Palmquist and Fred Goss for Plaintiffs and Respondents.

DRAPER, P.J.

Homer Miller was killed in a collision of his automobile with a train. The widow and four surviving children recovered judgment upon jury verdict against the railroad and its engineer. Defendants appeal.

The collision occurred October 30, 1956. Decedent was driving east on Ford Road. The train was southbound. A freight train was stopped on a siding west of the main line, some 200-250 feet north of the Ford Road crossing. The only surviving eyewitness...

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