Black v. Southern Pacific Co.

An appeal by plaintiffs, who are husband and wife, from a judgment entered upon a verdict in favor of defendant Southern Pacific Company, and from a judgment of nonsuit entered in favor of the other defendants.

On January 19, 1927, plaintiff Florence M. Black was injured when an automobile which she was driving collided' with the standard of a wigwag signal near the tracks of the Southern Pacific Company where the same are crossed by Embarcadero Road in the city of Palo Alto. Embarcadero Road was formerly paved with a strip of macadam 18 feet in width extending from the highway, known as El Camino Real, easterly across the railroad tracks. The wigwag signal mentioned was situated on the east side of the tracks of the company a few feet south of the macadamized strip, which crossed them. Previous to August, 1926, proceedings had. been taken to widen Embarcadero Road, and before the date of the accident mentioned its width to the westerly line of the railroad right of way had been increased to 90 feet, and a concrete pavement laid thereon, which was approximately 50 feet wide. This pavement extended from El Camino Real to the westerly line of the railway right of way, and it is not…