Badostain

Badostain v. Pacific Electric Railway Co.

Good Law
1927 Cal. App. LEXIS 602·83 Cal. App. 290·256 P. 576
Court of Appeal of CaliforniaMay 23, 1927Docket No. 5197.California2,081 words

Opinion

lead Opinion

Cashin, J.

Appeals from the judgments entered against appellant, Pacific Electric Railway Company, a corporation, upon verdicts returned by a jury in four separate actions. The actions were tried together and the appeals are presented on the same transcript.

Three of the actions were brought by Martina Badostain, • Frank Badostain, and Bernabe Badostain to recover for personal injuries suffered by them, and the fourth, by Bernabe Badostain, to recover for the death of Jose Badostain, his minor son, and it was averred in each complaint that the damages alleged were caused by the negligence of appellant. Respondents Bernabe and Martina Badostain are husband and wife, Frank Badostain being their son, as was also the deceased.

At about 3:30 P. M. on September 25, 1921, respondents and the deceased were traveling in an automobile owned by Bernabe Badostain, and driven by his son Frank, in a southerly direction along Bloomfield Avenue, a public highway in Orange County. At Crescentia station the highway, which runs north and south, crosses the double-tracked electric railway operated by appellant, which at this point is laid in the direction of southeast-northwest. The station, which was…

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