City of San Rafael v. Wood

Plaintiffs appeal from a judgment in favor of defendants in a wrongful death action. Plaintiffs are the widow and five minor children of Santford Pennington, who was killed on August 25, 1952, when the truck which he was operating was struck by respondent Southern Pacific Companys train on the Fair Oaks Avenue railroad crossing in Sunnyvale. The railroad company and two of its employees were charged in the complaint with negligence in the management and operation of the train, and the company was charged with maintaining its crossing in a dangerous and defective condition in that the crossing protection was inadequate, the crossing was obstructed, and that the physical character of the crossing rendered it hazardous and unsafe. The other respondent, herein, Schuckl and Company, which operated a canning company near the Fair Oaks Avenue crossing was charged with having negligently caused this crossing to be dangerous and unsafe by piling boxes and installing certain appurtenances and structures, and by causing great noise in the vicinity of the crossing.