Smellie v. Southern Pacific Co.

THOMPSON (R. L.), J.

The plaintiffs recovered judgment for damages for the death of Robert S. Smellie which resulted from a collision between a passenger train and an automobile in which he was riding as a guest. The Southern Pacific Company has appealed.

At the time of the accident which resulted in the death of Robert S. Smellie, he was riding as a guest in a Reo truck which was being driven by the owner thereof. The truck was struck by a passenger train at a crossing in the city of Madera. It was then broad daylight. The atmosphere was clear and the pavement was dry. The train was entering…