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MIZE v. ATCHISON, T. & S.F. RY. CO.

Docket No. 44234.

46 Cal.App.3d 436 (1975)

120 Cal. Rptr. 787

JAMES S. MIZE, as Administrator, etc., Plaintiff and Respondent, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant, Cross-complainant and Appellant; MILLER-BONSALL COMPANY et al., Defendants, Cross-defendants and Appellants. FELDMAN COMPANY, Plaintiff and Respondent, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant, Cross-complainant and Appellant; MILLER-BONSALL COMPANY et al., Defendants, Cross-defendants and Appellants.

Court of Appeals of California, Second District, Division Five.

March 25, 1975.

Attorney(s) appearing for the Case

COUNSEL

John J. Balluff and Donald W. Ricketts for Defendant, Cross-complainant and Appellant.

Richard G. Flanagan and Allan S. Garber for Defendants, Cross-defendants and Appellants.

James H. Davis and Alfred D. Freis for Plaintiffs and Respondents.

OPINION

WHYTE, J.*

In the predawn hours of August 30, 1968, one Charles E. O'Dell,1 while working in the scope and course of his employment with defendant the Atchison, Topeka and Santa Fe Railway Company was riding on the side of a railroad car which became derailed while it was being pushed in a westerly direction along a public street colloquially known as "Coke Alley."...

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