Durkee

This appeal involves a wrongful death action which stems from a crossing collision between appellant’s passenger train and respondents’ decedent Louis Durkee at the intersection of the Santa Fe main line and Commonwealth Avenue in Fullerton. Trial before a jury resulted in a verdict and judgment of $85,000 against appellant railway. A motion for a new trial was denied.

Appellant’s “Grand Canyon” passenger train of four diesel engine units and eight passenger cars was traveling southeasterly over a straight track a bit below 80 miles per hour as it came within a mile of the crossing. The train was equipped with effective brakes, a headlight was burning, a bell ringing and a whistle was sounded for the Commonwealth crossing.

The record discloses evidence that the decedent was unfamiliar with this crossing which was so elevated that it might not be apparent that it was comprised of three sets of railroad tracks. Just previous to the accident, decedent drove his 1934 Ford pick-up truck onto the crossing just before the automatic gates hit the ground. From 71 feet of skid-marks it was estimated that he approached the crossing at a speed rate of 30-35 miles per hour, applied the…