Williams v. Atchison, Topeka & Santa Fe Railway

On November 15, 1958, at approximately 3 a. m., a truck and trailer driven by plaintiffs’ agent collided *141 with defendant’s freight train at a single spur track crossing in the Mojave Desert near the Township of Boron. Plaintiff Merton Mead, owner of the truck tractor, filed an action for property damage, and plaintiffs Harry and Buth Williams filed a similar action as owners of the truck trailer. Both actions were consolidated for trial. Defendant filed a cross-complaint for property damage to its train. The trial court, sitting without a jury, found that plaintiffs’ negligence was the sole proximate cause of the collision; and accordingly, judgment was entered in favor of defendant both as to the consolidated actions brought by plaintiffs and defendant’s cross-complaint.

In the joint pretrial statement plaintiffs contended that the doctrine of last clear chance was applicable in the event that plaintiffs should be found chargeable with contributory negligence. On appeal plaintiffs concede that there was sufficient evidence to support the finding that plaintiffs, acting through their agent, were negligent. They contend, however, the evidence is insufficient to support a…