Kauffman

Southern Pac. Co. v. Kauffman

Good Law
50 F.2d 159·1931 U.S. App. LEXIS 4436
United States Court of Appeals for the Ninth CircuitMay 8, 1931No. 6247California4,301 words

Opinion

Lead Opinion

Wilbur, J.

The appellee was severely injured in a collision between an automobile in which he was riding and a passenger train of appellant’s, occurring at approximately 2 o’clock p. m. July 19, 1927, about one mile east of Los Banos, Cal., at a grade crossing known as Canal Farms Crossing. At the time of the collision, the appellee was asleep upon the back seat of the Dodge car, which was being driven by his mother. With the mother in the front seat was appellee’s father, and in the rear of the car with appellee were his five brothers and sisters. At the point of collision -the railroadi crossed near the point of intersection of the center lines of two highways which were at right angles with each other. The wigwag crossing signal established by the appellant at the crossing had two arms at right angles to each other, operating in planes perpendicular to the respective highways and was situated in the -intersection of the highways and upon the railroad right of way. The highway upon whieh the Dodge automobile was being operated by appellee’s mother was a main thoroughfare 60 feet wide, paved with concrete surface 16 feet wide. It .intersected the appellant’s railroad at an angle of about…

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