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SPATARO v. SOUTHERN PAC. CO.

Docket No. 23097.

254 Cal.App.2d 778 (1967)

62 Cal. Rptr. 621

SALVATORE J. SPATARO et al., Plaintiffs and Appellants, v. SOUTHERN PACIFIC COMPANY et al., Defendants and Respondents. EARL WEEKS, Plaintiff and Respondent, v. SOUTHERN PACIFIC COMPANY et al., Defendants and Appellants. (Consolidated Actions.)

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

September 29, 1967.

Attorney(s) appearing for the Case

George F. Jansen for Plaintiffs and Appellants and for Plaintiff and Respondent.

Ricksen, Ricksen, Snook & Vendt, Sayer Snook and Richard G. Logan for Defendants and Respondents and for Defendants and Appellants.

DRAPER, P.J.

This appeal presents a factual oddity in motor vehicle-train collision cases — an implied finding that the truck driver's recovery is not barred by contributory negligence, but that his fellow employee, who rode on the right side of the vehicle and did not touch its controls, was contributorily negligent.

Plaintiff Weeks was the driver, and plaintiff Spataro the relief driver, of a tractor-trailer combination owned by plaintiff Sudo. A...

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