Martindale v. Atchison, Topeka & Santa Fe Raliway Co.

Two actions for wrongful death and one for personal injuries arising from the same accident were consolidated and tried together to a jury. Verdicts were rendered in favor of defendants in each case. From the judgments following the verdicts plaintiffs have appealed.

The accident occurred shortly after 3 o’clock in the morning of June 19, 1945, where a single track railroad operated by defendant railroad company extends easterly and westerly across South Figueroa Street, a northerly and southerly thoroughfare of the city of Los Angeles. The train, with defendant Smith as engineer, was moving…