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ATCHISON, T. & S.F. RY. CO. v. SUPERIOR OIL CO.

Docket No. 603.

243 Cal.App.2d 289 (1966)

52 Cal. Rptr. 53

THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Plaintiff and Appellant, v. THE SUPERIOR OIL COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

June 29, 1966.

Attorney(s) appearing for the Case

John J. Balluff, Richard K. Knowlton, Edward J. Riordan, Conron, Heard, James & Hamilton and Calvin H. Conron, Jr., for Plaintiff and Appellant.

Borton, Petrini, Conron, Brown & Condley, Walter H. Condley, Clausen & Gilliland, Kenneth H. Clausen and Henry F. Walker for Defendants and Respondents.

CONLEY, P.J.

Early in the morning on a foggy winter day, a Plymouth sedan automobile driven by Charles C. Nourse, one of the petroleum engineers of the Standard Oil Company, collided with a moving freight train at the Rosedale crossing approximately five miles west of Bakersfield, thereby derailing 11 cars, and destroying their cargo as well as damaging the track of The Atchison, Topeka and Santa Fe Railway Company. Mr. Nourse was on his way home to Taft after working...

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