Peri

Peri v. L.A. Junction Ry.

Good Law
1943 Cal. LEXIS 168·22 Cal. 2d 111·137 P.2d 441
Supreme Court of CaliforniaMay 3, 1943L. A. No. 18534California5,646 words

Opinion

Lead Opinion

Carter, J.

Defendant Los Angeles Junction Railway Company, a corporation, appeals from a judgment entered *116 on the verdict of a jury for damages for personal injuries suffered by plaintiffs in a railroad crossing accident.

Defendant operates a railroad in Los Angeles County. Its tracks, extending easterly and westerly, cross at grade Atlantic Boulevard, a four lane surfaced highway, extending northerly and southerly. On the south side of the tracks and the east side of the highway there was located a wigwag signal, the customary post with cross arms warning of the presence of the crossing, and another smaller sign bearing the letters “R.R.” About 120 feet south of .the tracks there was marked on the surface of the highway in white, partially obliterated, two crosses and the letters “RRRR.” East of the highway and along the south side of the tracks, buildings were standing.

The collision occurred on September 20, 1940, at between 2:00 and 3 :00 a.m. A heavy fog pervaded the atmosphere in the vicinity which, together with other circumstances, limited the field of visibility to from 5 to 10 feet for dark objects and from 35 to 50 feet for lighted objects. It was dark and there were no…

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