Dragash

Eli and Dorothy Dragash appeal from a judgment following a jury verdict in favor of defendants Western Pacific Railroad Company, a corporation, and Cal-Hi Beverage Company, a corporation, hereinafter called respectively Western and Cal-Hi. Eli Dragash, whd was alleged to be incompetent by reason of injuries suffered in the accident out of which this action arose, was represented by his wife, Dorothy, as guardian ad litem. Dorothy Dragash was also a party plaintiff.

On April 30, 1955, at a point in Sacramento where Western’s tracks running north and south cross “D” Street, an automobile in which Eli Dragash and Michael Pobar were riding came into collision with a train of Western. Cal-Hi was joined as a defendant upon the theory that it had illegally parked two trucks near the tracks in such a way as to further obscure an already obscured railroad crossing. Dragash sought to hold Western for negligent operation of its train and for negligent maintenance of its crossing.

Michael Pobar was killed, and Dragash, by reason of his injuries, had no recollection of events before, during or after the accident. He was unable to testify as to the cause of the collision. He alleged that he…