Vinnell Co. v. Pacific Electric Railway Co.

This is an appeal from a judgment for the plaintiff Vinnell Company, Inc., in an action for damages caused when the defendant Pacific Electric Railway Company’s locomotive and freight ears were switched into an open excavation maintained by the plaintiff while constructing a storm drain, the terminal end of which was in or under the defendant’s Fairbanks service yard. By a cross-complaint the defendant seeks to recover damages caused to its equipment.

It appears from an agreed statement of fact that the Los Angeles Flood Control District undertook to construct a storm drain, a portion of which…