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ATCHISON, TOPEKA & SANTA FE R.R. CO. v. FLINTKOTE

Docket No. 8271.

256 Cal.App.2d 764 (1967)

64 Cal. Rptr. 675

ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY, Cross-complainant and Respondent, v. FLINTKOTE COMPANY, Cross-defendant and Appellant.

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

December 7, 1967.

Attorney(s) appearing for the Case

Ball, Hunt, Hart & Brown, Ball, Hunt & Hart and Clark Heggeness for Cross-defendant and Appellant.

John J. Balluff, Henry M. Moffat, Welsh, Cummins & White, Cummins, White & Breidenbach and Joseph H. Cummins for Cross-complainant and Respondent.

KERRIGAN, J.

On October 29, 1962, at 3:04 p.m., a model 1956 International 10-wheel dump truck, loaded with 14 1/2 tons of gravel, collided with a Santa Fe passenger train at Katella Boulevard and the Santa Fe tracks in Orange County. The automatic signal light was flashing at the time of the collision, and the accident resulted from a failure of the truck's brakes. The force of the impact resulted in a derailment of some of the passenger cars, causing them to "lay...

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