[DOWNLOAD] "Estate of Carrie Price Rollins v. Mooberry" by First Appellate District, Division Two District Court Of Appeal Of California " eBook PDF Kindle ePub Free

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eBook details

• Title: Estate of Carrie Price Rollins v. Mooberry
• Author : First Appellate District, Division Two District Court Of Appeal Of California
• Release Date : January 28, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

This action involves a railroad crossing collision between an automobile owned and operated by plaintiff Gilbert Dean Miller, and occupied by the other plaintiffs, and a freight train at the Santa Fe crossing of Sierra Way, in a residential section of San Bernardino. It occurred on Friday evening, April 29, 1955, about 10 p. m. The weather was clear, cold and dry and the night dark. The intersection is formed by a right-angle crossing of defendants single track railroad with Sierra Way, which runs in a general north-south direction. The railroad track runs east and west on a right of way paralleling the south side of 30th Street. Sierra Way has an asphalt surface approximately 82 feet wide at the crossing. Northbound, the level of the street rises, like a gradual ramp, as it approaches the rails. The rise commences about 81 feet south of the tracks and reaches an apex upon the crossing itself. A large drainage channel runs underneath the tracks and right of way along the east side of Sierra Way. Trees line the parkway on either side of the street south of the tracks, as do sidewalks and curbs. A residence, to a great extent, obscures the vision of a northbound automobile on Sierra Way approaching a westbound train. The same condition prevails in reference to the vision of a westbound train in reference to northbound traffic on that street. The track on either side of Sierra Way was flanked by the crossbuck type of railroad crossing signs. The crossing sign confronting northbound traffic was reflectorized. There was no automatic signaling device at this intersection although there was one on Arrowhead Avenue directly west of it. Photographs in evidence depict a railroad warning sign painted upon the pavement and another, (vertical warning sign) planted in the east parkway, within a block south of the tracks. Over the crossing itself were suspended two street lights, illuminated on the evening of the accident. The Santa Fe operated the track six days a week, generally during the evening hours, without schedule, with a freight train servicing industries on the Redlands loop.

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