Home/California Court of Appeal/Heroux v. Atchison, Topeka & Santa Fe Railway Co.

Heroux v. Atchison, Topeka & Santa Fe Railway Co.

82 P.2d 620, 28 Cal. App. 2d 401, 1938 Cal. App. LEXIS 549
CourtCalifornia Court of Appeal
DecidedSeptember 8, 1938
DocketCiv. No. 11815
StatusPublished
Cited by9 cases

This text of 82 P.2d 620 (Heroux v. Atchison, Topeka & Santa Fe Railway Co.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heroux v. Atchison, Topeka & Santa Fe Railway Co., 82 P.2d 620, 28 Cal. App. 2d 401, 1938 Cal. App. LEXIS 549 (Cal. Ct. App. 1938).

Opinion

McCOMB, J.

Defendants appeal from a judgment in favor of plaintiff after trial before a jury in an action to recover damages for personal injuries suffered in a collision between an automobile and locomotive.

(See illustration [page 403] for the photograph of the scene where the accident hereinafter described occurred.)

Viewing the evidence most favorable to plaintiff (respondent) the material facts are:

January 3, 1937, about 3 A. M., defendant corporation was operating a steam train with defendant Alverson as engineer. This train, which consisted of a locomotive and tender, two box cars and a caboose, was moving about 25 miles per hour in a northerly direction on the track just south of the point where the right of way crosses L Street in the Wilmington district of the city of Los Angeles. L Street at this point runs east and west.

The house just west of Hyatt Street and south of L Street, which is marked A in the above picture, is 205 feet west of the center of the railroad tracks of the defendant Atchison, Topeka & Santa Fe Railway Company, which run north and south along a line indicated by the figures 1 and 2.

It is 181½ feet from the south curb line of L Street to the house marked B in the above picture. All of the fences and other structures between the south curb line of L Street and the house marked B are located east of the railroad tracks. There is a standard cross-arm railroad sign located at the point marked 1, which is 13 feet east of the center line of the railroad tracks. This cross-arm sign is approximately 12 feet high and the cross-arms are approximately 8 feet long con[404]*404sisting of boards 1 inch by 6 inches in size with the letters in the sign “railroad crossing” about 6 inches in size. The locomotive being operated by defendants was equipped with:

[403]*403

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Bluebook (online)
82 P.2d 620, 28 Cal. App. 2d 401, 1938 Cal. App. LEXIS 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heroux-v-atchison-topeka-santa-fe-railway-co-calctapp-1938.