Legal Opinion
Miller v. Northwestern Pacific Railroad
California Court of Appeal
Decided August 6, 1962No. Civ. 20163PublishedCited by 4 opinions
1Opinion of the CourtDraper, P. J.
Homer Miller was killed in a collision of his automobile with a train. The widow and four surviving children recovered judgment upon jury verdict against the railroad and its engineer. Defendants appeal.
The collision occurred October 30, 1956. Decedent was driving east on Ford Eoad. The train was southbound. A freight train was stopped on a siding west of the main line, some 200-250 feet north of the Ford Eoad crossing. The only surviving eyewitness to the collision is the engineer. He first saw the automobile when it was on the track 10-12 feet from the train. The ear was moving but he could…
2Cases cited7 opinions
- Sandoval v. Southern California Enterprises Inc.California Court of Appeal · 1950
- Smellie v. Southern Pacific Co.California Court of Appeal · 1933
- Callahan v. TheodoreCalifornia Court of Appeal · 1956
- Wilson v. FoleyCalifornia Court of Appeal · 1957
- Mapes v. YowellCalifornia Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Neumann v. BishopCalifornia Court of Appeal · 1976
- Muffett v. RoysterCalifornia Court of Appeal · 1983
- Alexander v. State Ex Rel. Department of TransportationCalifornia Court of Appeal · 1984
- Hargrave v. WinquistCalifornia Court of Appeal · 1982