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YANDELL TRUCKAWAY, INC. v. WESTERN PACIFIC R.R. CO.

Docket No. 19801.

216 Cal.App.2d 255 (1963)

30 Cal. Rptr. 583

YANDELL TRUCKAWAY, INC., Plaintiff and Appellant, v. THE WESTERN PACIFIC RAILROAD COMPANY, Defendant and Respondent.

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

May 16, 1963.

Attorney(s) appearing for the Case

Weinmann, Rode, Burnhill & Moffitt and Cyril Viadro for Plaintiff and Appellant.

Hagar, Crosby & Rosson, Edwin A. Heafey, J., and Richard G. Logan for Defendant and Respondent.

AGEE, J.

The front end of defendant's freight train collided with the right side of plaintiff's truck and trailer, which were stopped on the railroad track. This occurred on a clear, dry weekday in August, about 4:30 p.m., at the Davis Street crossing, in the City of San Leandro.

Plaintiff sued for damages to the truck and defendant cross-complained for damages to the train. Trial by jury resulted in a verdict that neither party recover. Plaintiff appeals...

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