Rice

Defendant Southern Pacific Company appeals from an adverse judgment in a wrongful death action brought by the widow and children of Wilford Lee Bice who was killed when the vehicle he was driving was struck by a train. Judgment was after a court trial.

We reject the contentions of defendant railroad that as a matter of law (1) it was not negligent, and (2) that decedent was guilty of contributory negligence.

In stating the facts we, of course, observe the rule that all conflicts in the evidence are binding upon a reviewing court, and all reasonable inferences must be drawn in favor of respondents.

The accident occurred January 22, 1962, at 2:10 p.m. It was a crossing accident, approximately within the heart of Gridley. (The railroad depot is less than a block south.) Decedent was driving easterly along Hazel Street, one of the community’s principal east-west paved thoroughfares. The north-south railroad tracks cross at street level. Rice was struck by defendant’s northbound freight train consisting of 91 cars and traveling at 60 miles an hour. The train had not decreased its speed in any respect during its progress through town. The pickup which decedent was driving became…