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BAINS v. WESTERN PACIFIC R.R. CO.

Docket No. 35526.

56 Cal.App.3d 902 (1976)

128 Cal. Rptr. 778

KULDEEP KAUR BAINS et al., Plaintiffs and Appellants, v. WESTERN PACIFIC RAILROAD COMPANY et al., Defendants and Respondents.

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

March 22, 1976.

Attorney(s) appearing for the Case

COUNSEL

Steel & Arostegui, Islip, Cooke & Guthrie and Phillip A. Cooke for Plaintiffs and Appellants.

Bledsoe, Smith, Cathcard, Boyd & Eliot and R. Mitchell S. Boyd for Defendants and Respondents.

OPINION

KANE, J.

In this wrongful death, railroad crossing case plaintiffs appeal from a judgment in favor of the defendants entered upon a jury verdict. Although several contentions are advanced, plaintiffs candidly concede that the primary and pivotal issue is the refusal of the trial court to submit the issue of alleged willful misconduct to the jury.

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