Wilcox

This is an appeal from a judgment entered upon a defense verdict in a wrongful death action. The deceased, Clayton Wilcox, was killed when he attempted to drive across respondent’s mainline railroad track, which, in the area of the crossing, parallels the Anderson-Cottonwood Road in Shasta County. The site of the accident was the intersection of the railroad track, running north and south, and County Road E-ll, running east and west. The deceased had driven north on the Anderson-Cottonwood Road to County Road E-ll where he turned to the right. He then traveled in an easterly direction on the latter road for a distance of approximately 86 feet to the railroad track which he proceeded to cross in the path of an oncoming freight train. Wilcox was driving 20 to 25 miles per hour; the train was running at 40. The intersection of the Anderson-Cottonwood Road with County Road E-ll is a T-intersection, that is, County Road E-ll coming into Anderson-Cottonwood from the east does not cross.

The major controversy in the instant case centers around the crossing signals. The signals involved, installed and maintained by the defendant company are blinker light signals. One set was located on…