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

Docket No. 22874.

159 Cal.App.2d 615 (1958)

324 P.2d 91

OLLIE J. DURKEE et al., Respondents, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Appellant.

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

April 22, 1958.


Attorney(s) appearing for the Case

Robert W. Walker and Matthew H. Witteman for Appellant.

William C. Wetherbee and Byron R. Bentley for Respondents.


LILLIE, J.

This appeal involves a wrongful death action which stems from a crossing collision between appellant's passenger train and respondents' decedent Louis Durkee at the intersection of the Santa Fe main line and Commonwealth Avenue in Fullerton. Trial before a jury resulted in a verdict and judgment of $85,000 against appellant railway. A motion for a new trial was denied.

Appellant's "Grand Canyon" passenger train of four diesel engine units and eight...

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