Barnett

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

Good Law
1929 Cal. App. LEXIS 529·99 Cal. App. 310·278 P. 443
Court of Appeal of CaliforniaJune 6, 1929Docket No. 6573.California3,618 words

Opinion

Lead Opinion

Nourse, J.

These four actions were consolidated by stipulation and tried together at the same time. The plaintiffs sued for damages resulting from a collision with an overland train operated by the defendant and an automobile driven by Raymond Hallmark near the town of Antioch. The verdicts were returned in favor of Lela Barnett and her infant child in the sum of $10,000; in favor of Smith Casner in the sum of $5,000; in favor of Zula Hallmark and her two minor children in the sum of $15,000, and in favor of Hollace Taylor in the sum of $6,000. The defendant has appealed from each of the judgments upon typewritten transcripts.

The accident occurred at about 6 o’clock A. M. on June 28, 1925, at a crossing over the main transcontinental line of the defendant corporation approaching the city of Antioch along the southern bank of the San Joaquin River. This crossing was along an unimproved extension of B Street through the private property of the Antioch Lumber Yard, which was used as an approach to an old wharf belonging to the company but abandoned some time prior to the accident. Five young men, Taylor, Casner, Barnett, Hallmark and Parks, had crossed over the railroad tracks and on to this…

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