Johnson v. Southern Pacific R.R. Co.

This action is brought to recover damages for the death of Katherine S. Johnson, wife of the plaintiff Prank W. Johnson, and mother of the other plaintiffs, who are minors, alleged to have been occasioned through the negligence of defendant.

The second amended complaint, after stating the corporate . existence of defendant, and the maintenance and operation by it of a railroad on July 25, 1901, alleges, as the facts upon which the cause of action for negligence is predicated, that, said railroad “about five miles west of the city of Santa Barbara crosses obliquely the county road known as Hollister Avenue about ninety yards east of the place where the road known as the Modoc Road enters said Hollister Avenue, the acute angle. formed thereby being of about 30 degrees; the said crossing is an overhead one, the track being upon a bridge over said road and the public road excavated so as to pass under the bridge, and being flanked by the sides of the cut on each side; that said bridge is supported by three abutments, one on each side of the county road and one in the middle; that the space between said abutments is about 20’ feet and said abutments are about 80 feet in length; that…