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

This appeal involves a wrongful death action which stems from a crossing collision between appellant’s passenger train and respondents’ decedent Louis Durkee at the intersection of the Santa Fe main line and Commonwealth Avenue in Fullerton. Trial before a jury resulted in a verdict and judgment of $85,000 against appellant railway. A motion for a new trial was denied.

Appellant’s “Grand Canyon” passenger train of four diesel engine units and eight passenger cars was traveling southeasterly over a straight track a bit below 80 miles per hour as it came within a mile of the crossing. The train…