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ALIRES v. SOUTHERN PACIFIC COMPANY

Nos. 8493, 8550.

100 Ariz. 6 (1966)

409 P.2d 714

Cecilia B. ALIRES, Administratrix of the Estates of David Alires, Steve Atencio, Sofie Alires and Michael Alires, Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation, Carl W. DePrist and Belton E. Hodges, Appellees. SOUTHERN PACIFIC COMPANY, a corporation, Carl W. DePrist and Belton E. Hodges, Appellants, v. Cecilia B. ALIRES, Administratrix of the Estates of David Alires, Steve Atencio, Clara Alires, Bobby Alires, Sofie Alires and Michael Alires, all deceased; and Cecilia B. Alires, Guardian of the Estate of Crucita Alires, a minor, Appellee.

Supreme Court of Arizona. En Banc.

January 14, 1966.

Attorney(s) appearing for the Case

Moore, Romley, Kaplan, Robbins & Green, by Elias M. Romley, Donald R. Wilson, Phoenix, for appellant and appellee Cecilia B. Alires.

Evans, Kitchel & Jenckes, by Ralph J. Lester, Phoenix, for appellees and appellants Southern Pacific Co., Carl W. De Prist, and Belton E. Hodges.

LOCKWOOD, Justice.

This is a combined wrongful death and personal injury action wherein damages were sought for the deaths of the five adults and four children and serious permanent injuries sustained by an infant. All of the decedents as well as the surviving injured child were passengers in an automobile which was involved in a collision with the Southern Pacific Golden State Limited passenger train at the 35th Avenue crossing in Phoenix at 11:50 P.M. on December...

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