Atchison, T. & S. F. R. Co. v. Hicks

MORGAN, Judge.

On April 6, 1943, during the noon hour, plaintiff was driving his automobile in a northerly direction on the public highway known as lateral 15, which at a point between Glendale and Phoenix intersects and crosses at an angle of 45 degrees defendant railway company’s main line track and four parallel tracks immediately to the northeast, some of which are used for switching. In driving over the intersection, plaintiff’s automobile was struck by the company’s regular passenger train proceeding towards Phoenix on the main line, and he was seriously and permanently injured.

Plaintiff…