Aubin v. Kaiser Steel Corp.

Plaintiffs-appellants appeal from a judgment for defendants-respondents after trial of special defense by a judge sitting without a jury. Plaintiffs are the widow and children of Maurice Aubin, deceased, and commenced this wrongful death action after he was killed in an automobile-train collision at a road-railroad intersection on January 20, 1956. Defendant Robert Franklin Kipp was dismissed as a defendant from the action at the pretrial hearing. Aubin was employed at Kaiser Steel Corporation’s Eagle Mountain Mine and the collision occurred on company property; the train and tracks were also…