McKinley v. Southern Pacific Co.

SCHOTTKT, J. pro tem.

On February 21, 1944, at about 11 a.'m., one John McKinley was injured fatally when a truck, in the cab of which he was riding, was struck by a locomotive of the -Southern Pacific Company without any cars attached to it, at the B Street crossing in the city of Modesto. McKinley’s widow, individually and as guardian ad litem for three minor children, brought an action to recover damages for his death, and the trial court, sitting without a jury, awarded plaintiffs and respondents a judgment for $25,000 against defendants Southern Pacific Company, Elmer F. Ahlborn, the…