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

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

319 P.2d 770, 156 Cal. App. 2d 445, 1957 Cal. App. LEXIS 1431
CourtCalifornia Court of Appeal
DecidedDecember 30, 1957
DocketCiv. 22410
StatusPublished
Cited by3 cases

This text of 319 P.2d 770 (Nemer 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
Nemer v. Atchison, Topeka & Santa Fe Railway Co., 319 P.2d 770, 156 Cal. App. 2d 445, 1957 Cal. App. LEXIS 1431 (Cal. Ct. App. 1957).

Opinion

FOURT, J.

This is an appeal from a judgment entered on a verdict in favor of the defendants in an action by the plaintiff for damages for personal injuries and property damage.

There is here set forth a diagram * showing the location of the streets, car tracks, signs, street markings and other matters.

A summary of the facts as developed by the evidence is substantially as follows: The railroad grade crossing warning signals are synchronized with the traffic light signals, which control the movement of traffic on the intersecting streets. *448 The tracks are on an embankment as they approach and cross Freeman Boulevard, and the last 400 feet is somewhat upgrade. The property to the north of the tracks and west of Freeman Boulevard is vacant. There was a double set of white lines on the pavement to the north of the tracks; immediately north of the double white lines the words “Wait Here” were painted on the pavement in white letters eight *449 feet high; there were four red flasher light signals, all facing southbound traffic; two automatic signal bells; five traffic signal lights; a standard railroad crossing sign attached to the flasher light, signals; a sign reading “Two Tracks;” a sign reading “Do Not Stop on Tracks,” and a sign reading “Stop on Red Signal.” The parties stipulated that prior to and at the time of the accident, the flasher light signals, bells and signals were operating in the manner and fashion in which they were designed to operate. When an eastbound train, as was the one involved in this ease, reaches a point 1,084 feet west of the west curb line of Freeman Boulevard, the flasher light signals and signal bells begin to operate. Simultaneously, the traffic light signals change. The three traffic light signals facing southbound traffic on Freeman Boulevard change instantly from whatever position they are in at the moment of activation to flashing red, and after eight seconds each then goes to a solid red signal, which position the lights were in at the time of the impact, and for at least 28 seconds prior thereto. Once activated, the signals remain in operation until the rear of the train passes over the crossing, with certain exceptions with which we are not here concerned.

*448

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Related

McNeil v. Young
201 Cal. App. 2d 488 (California Court of Appeal, 1962)
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194 Cal. App. 2d 109 (California Court of Appeal, 1961)
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184 Cal. App. 2d 376 (California Court of Appeal, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
319 P.2d 770, 156 Cal. App. 2d 445, 1957 Cal. App. LEXIS 1431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nemer-v-atchison-topeka-santa-fe-railway-co-calctapp-1957.