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RICE v. SOUTHERN PACIFIC CO.

Docket No. 11331.

247 Cal.App.2d 701 (1967)

55 Cal. Rptr. 840

MAUDE RHODA RICE et al., Plaintiffs and Respondents, v. SOUTHERN PACIFIC COMPANY, Defendant and Appellant.

Court of Appeals of California, Third District.

January 12, 1967.

Attorney(s) appearing for the Case

Millington & Millington and Seth Millington for Defendant and Appellant.

Jack Ormes and Charles A. Skow for Plaintiffs and Respondents.

PIERCE, P.J.

Defendant Southern Pacific Company appeals from an adverse judgment in a wrongful death action brought by the widow and children of Wilford Lee Rice who was killed when the vehicle he was driving was struck by a train. Judgment was after a court trial.

We reject the contentions of defendant railroad that as a matter of law (1) it was not negligent, and (2) that decedent was guilty of contributory negligence.

In stating the facts we, of...

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