Hughes

Hughes v. Atchison, Topeka & Santa Fe Railway Co.

Good Law
121 Cal. App. 271·1932 Cal. App. LEXIS 1161·8 P.2d 853
Court of Appeal of CaliforniaFebruary 26, 1932Docket No. 7033.California2,594 words

Opinion

Lead Opinion

Nourse, J.

Plaintiffs sued for damages for the death of Taza M. Hughes. The jury returned a verdict for plaintiffs in the sum of $24,500, and from the judgment on, the verdict the defendants appeal upon typewritten transcripts.

The defendant railway company operates a main line railway through Contra Costa County which is crossed at a flag station known as Nichols by a private road running to the plant of the General Chemical Company. On March 12, 1926, at about 3:30 P. M. Mrs. Hughes drove in a Chevrolet sedan over this crossing to the office of the chemical company where she met a deputy registrar of voters and was duly registered. She returned soon after along the same road, and while crossing the tracks of the railway company was struck by a through train and killed. Mrs. Hughes was a school-teacher employed in a public school at Nichols and was thoroughly familiar with this crossing. Leaving the plant of the chemical company the road went over a bridge covering the tracks of the Southern Pacific Railroad Company. Along the top of this bridge a railing was maintained about the height of the middle of the glass on the door of the Chevrolet. Following the bridge in the direction of the…

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