Johnson v. Southern Pacific Co.

The plaintiffs had judgment in the sum of $30,000 in an action for damages suffered on account of the death of Hallie Lindsley Johnson, occurring at about 12:30 A. M., December 24, 1926, alleged to have resulted from the negligence of the appellants in the operation of a railroad train over a street crossing in the city of Chico. The deceased, Johnson, at the time in question, was riding as a guest, in an automobile driven by one Jack Salyer. The plaintiff, Ethel G. Johnson, is the surviving widow, and Dorothy Johnson and Gordon Johnson are the minor children of the deceased and of the plaintiff Ethel G. Johnson.

The complaint, after alleging certain preliminary matters not necessary to mention, sets forth that on the twenty-fourth day of December, 1926, Hallie Lindsley Johnson was riding, as a passenger in an automobile, along a public highway known as First Street, in the city of Chico, traveling in a westerly direction, and in so doing reached a point where First Street crosses the right of way of the Southern Pacific Company. It is then alleged that the said deceased was using and exercising due care in his own behalf, and that said defendants, at said time, carelessly and…