Griffin v. San Pedro, Los Angeles & Salt Lake Railroad

[773]

MELVIN, J.

These appeals were examined by Department two and an opinion was handed down. Subsequently a petition for rehearing was granted in order that the court might devote additional study to the questions involved. After further consideration the opinion rendered in Department is adopted as the opinion of the court. It is as follows:

The appeals from the judgments against defendants in both of these cases may be considered in one opinion as all of the causes of action arise out of the same accident. One suit was by O. G. Griffin for damages which, it was alleged, he suffered' by reason of defendant corporation’s negligence in the operation of one of its trains, resulting in the deaths of his two minor children and in serious bodily injury to his wife and to himself. He sued for damages for the death of each child, for his own injuries, and for loss of service of his wife and for the expenses of her illness. The other action was by the husband and wife, as plaintiffs. Compensation was demanded because of the injuries suffered by her. In the one ease judgment was given for five thousand dollars; in the other for seven thousand five hundred dollars.

According to the testimony of 0. G. Griffin, he was returning from Beaumont to his home in South Pasadena on November 24, 1911. He was driving his own automobile. He was a man of years of experience with motor cars. In the automobile with him were his wife, two infant sons, his wife’s sister and a Mr. Carter. At about twenty minutes after one o ’clock in the afternoon he approached the crossing of the public highway and the railroad tracks of the defendant corporation. This was at a place in San Bernardino County near Colton. While he was attempting to cross the track his automobile was struck by a rapidly moving train. There was a conflict of. evidence regarding the conduct of the engineer and fireman in the matter of whistling for the crossing or ringing the bell, but for the purposes of considering the contention made by the railroad company we must assume that its servants failed of their duty in that regard. Counsel for the defense contend that assuming the culpability of the servants of the corporation in failing to blow the whistle or ring the bell, nevertheless the contributory negligence of the plaintiff 0. G. Griffin appears so clearly from the undisputed facts surrounding the accident that the judgments should be reversed.