Mize v. Atchison, Topeka & Santa Fe Railway Co.

Opinion

WHYTE, J. *

In the predawn hours of August 30, 1968, one Charles E. O’Dell, 1 while working in the scope and course of his employment with defendant the Atchison, Topeka and Santa Fe Railway Company was riding on the side of a railroad car which became derailed while it was being pushed in a westerly direction along a public street colloquially known as “Coke Alley.” On the days immediately preceding the accident the defendants Miller and Walker, as contractors, were engaged in installing asphalt paving on a lot owned by Coca Cola Bottling Company of Los Angeles 2 adjoining the track.…