Gregoriev v. Northwestern Pacific Railroad

KNIGHT, J.

This is an action for damages, and is a companion case to one entitled

Gregoriev

v.

Northwestern Pacific R. R, Co.,

Civil No. 6257,

ante,

p. 428 [273 Pac. 76], wherein the judgment in favor of the plaintiff has been this day affirmed by this court. The actions arose out of a collision which occurred between Gregoriev’s automobile and the steam train of appellant at a grade crossing, near Guerneville, Sonoma County. At the time of the accident Gregoriev was driving his own automobile—a seven-passenger sedan—and riding with him were his wife, two daughters, aged twelve and eleven years, respectively, and a son, aged six years. As a result of the collision Gregoriev’s wife sus

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tained injuries from which she died within a few hours after the accident, and Gregoriev and the children were all more or less severely hurt, one of the girls being permanently crippled by having suffered a fractured spine.

The companion action was commenced by Gregoriev in his own right to recover damages which he claims to have sustained on account of his personal injuries, the destruction of his property, expenses incurred by him in providing medical treatment and hospitalization for his family, and loss of his daughter’s services. It was tried before a jury and a verdict was rendered in respondent’s favor; and from the judgment entered thereon the Railroad Company appealed, with the result above stated. The present action was brought by Gregoriev, as administrator, to recover damages on behalf of himself and minor children on account of the death of his wife. It was tried before the court sitting without a jury, and judgment was given in respondent’s favor, from which the Railroad Company also appealed.

The two main grounds urged for reversal here are that respondent was guilty of contributory negligence as a matter of law in that he drove upon the railroad crossing, as appellant claims, without taking precautions for his own safety and that of his family; and that the trial court erred in admitting in evidence, over appellant’s objection, a letter, dated July 26, 1922, written by R. S. Coon to the appellant company requesting the erection and maintenance of railroad crossing signs at the crossing where the collision occurred.