Olea

This appeal is taken by Southern Pacific Company from the judgment entered upon the verdicts of the jury in these two consolidated actions for wrongful death. These actions arose out of the railroad crossing accident in which Predric and Ronald Olea were killed. The assignments of error to which appellant has devoted substantial argument are presented under two headings phrased as follows: (1) “The issue of wilful misconduct should not have been submitted to the jury;” and (2) “There was no basis for instructing on the doctrine of imminent peril.” We have concluded that the evidence presented to the jury was such as to justify and require the giving of the challenged instructions.

The fatal accident occurred at approximately 2 a.m. on February 16, 1964, at the Vineland Avenue crossing of appellant’s tracks in the City of Industry. The automobile in which decedents were proceeding northbound on Vineland Avenue was struck by appellant’s eastbound train. At this crossing the most southerly track is a control siding, or passing track; the second track is the main line; the two most northerly tracks are industrial tracks. The crossing is protected only by “wigwag” signals. The two…