Malin v. Southern Pacific Co.

The third amended complaint filed in the superior court of Maricopa County alleges :

“On the 22nd day of June, 1941, in the Town of Chandler, Arizona, the defendants, and each of them, negligently stopped a railroad train then belonging to the Southern Pacific Railroad Company across .a public highway known as Cleveland Street, and negligently failed to provide warning signs or signals of the presence thereof, the defendants, and each of them, then knowing that the said railroad train constituted a hidden trap and danger to motorists using Cleveland Street.”

The appeal was brought to this court…