Atchison, Topeka & Santa Fe Railroad v. Flintkote Co.

On October 29, 1962, at 3:04 p.m., a model 1956 International 10-wheel dump truck, loaded with 14% tons of gravel, collided with a Santa Fe passenger train at Katella Boulevard and the Santa Fe tracks in Orange County. The automatic signal light was flashing at the time of the collision, and the accident resulted from a failure of the truck’s brakes. The force of the impact resulted in a derailment of some of the passenger cars, causing them to “lay over” on a bridge approximately one-half mile down the tracks from the collision site. The truck driver and a passenger on the train were killed and over 30 passengers on the train were injured. The truck was owned by Laura Claussen and driven by Edward White. Several passengers, including the plaintiff herein, filed separate suits against Santa Fe, Laura Claussen, Edward White’s estate, and the Flintkote Company, a corporation, doing business as Blue Diamond Company, a division of Flintkote, a firm for which the truck was being utilized in hauling materials at the time of the accident. The railroad countered by filing a cross-complaint against Laura Claussen and Blue Diamond for property damage to the train. The Santa Fe property…