Williams v. Atchison, Topeka & Santa Fe Railway

On November 15, 1958, at approximately 3 a. m., a truck and trailer driven by plaintiffs’ agent collided *141with defendant’s freight train at a single spur track crossing in the Mojave Desert near the Township of Boron. Plaintiff Merton Mead, owner of the truck tractor, filed an action for property damage, and plaintiffs Harry and Buth Williams filed a similar action as owners of the truck trailer. Both actions were consolidated for trial. Defendant filed a cross-complaint for property damage to its train. The trial court, sitting without a jury, found that plaintiffs’ negligence was the sole…