Bush

Bush v. Southern Pacific Co.

Good Law
106 Cal. App. 101·1930 Cal. App. LEXIS 562·289 P. 190
Court of Appeal of CaliforniaMay 27, 1930Docket No. 4072.California2,285 words

Opinion

Lead Opinion

Finch, J.

The defendants have appealed from the judgment herein in favor of the plaintiff for personal injuries sustained by her in a railroad grade-crossing accident.

The accident occurred at a country crossing in Los Angeles County at the intersection of the Otterbien Road and the defendant’s railroad. The railroad is straight for a distance of 1653 feet east of the crossing and then curves to the north. The elevation of the track at the crossing is about ten feet lower than at the westerly end of the curve. Adjacent to and along the north side of the railroad right of way is Valley Boulevard, stipulated to he “a heavily traveled boulevard.” The Otterbien Road crosses the railroad in a northerly direction into Valley Boulevard. There were trees along the easterly side of the Otterbien Road, up to a point 63 feet south of the railroad tracks, of such density as to obstruct the view to the east.

The accident occurred on Sunday, October 11, 1925, at about 4:30 in the afternoon. As one of the company’s passenger trains, the Sunset Limited, made up of ten cars, approached the crossing from the east at a speed variously estimated by the witnesses at from 50 to 75 miles an hour, the plaintiff,…

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