Pikulinski v. Atchison, Topeka & Santa Fe Railway Co.

MUSSELL, J. Plaintiffs are the surviving widow and minor children of Raymond Aloyius Pikulinski, deceased, and Walter Boysha, who was a passenger in a Pord automobile being driven by Raymond Aloyius Pikulinski at the time it collided with the Atchison, Topeka & Santa Pe Railway’s Super Chief train at the Sierra Avenue crossing in Pontana, in San Bernardino County.

The action was tried by the court without a jury and judgment was entered for defendants. Prom this judgment plaintiffs appeal on the ground that the evidence is insufficient to support the trial court’s findings and judgment.

Pacts

The accident occurred at approximately 7:26 o ’clock a. m. on April 10, 1947, at the crossing named. Sierra A ve[579]ime is the main street of Fontana and is a paved, public highway running in a general northerly and southerly direction. Defendant Santa Fe’s main line runs in a general easterly and westerly direction and intersects said Sierra Avenue at grade. At the time of the collision, the train was traveling in a westerly direction at a speed of approximately 70 miles per hour. The decedent was traveling south on Sierra Avenue and was driving his Ford at approximately 30 miles per hour, when he passed a car being driven by witness Nelson, approximately 220 feet north of the railroad tracks. When the decedent’s car passed Mr. Nelson, a third car, also being driven at about 30 miles per hour, passed on Nelson’s east or left side. At this point Nelson noticed an automobile facing in a northerly direction, stopped just south of the south rail of the railroad tracks where said tracks intersect Sierra Avenue. When Nelson was in the vicinity of the intersection of Orange Way and Sierra Avenue, approximately 250 feet north of the tracks, he glanced up toward the automatic signal and saw that it was operating, the bell in the wigwag was ringing, the arm was swinging and the light in the round disk at the end of the arm was burning. Nelson gradually began to decrease the speed of his automobile and he started to slow down, the Pikulinsld car and the third car passed him, as stated. Nelson came to a full stop before the locomotive entered the intersection. Nelson testified that the Pikulinski automobile began to slow down as it approached the tracks and that he was under the impression that the car had come to a complete stop when it suddenly swung about after striking the locomotive of the train.

Defendant Murray, who was the locomotive engineer, testified that when approximately a quarter of a mile east of the intersection he began a series of four blasts of the locomotive horn; that he had the automatic bell ringing on the locomotive and the headlight was burning for increased visibility; that when he was approximately 30 feet from the crossing, he had finished the last of the four signals; that the crossing was then clear; that there was a car standing just north of the crossing, headed south; that when the cab was approximately in the middle of the crossing, he saw another car moving quite fast “for the situation.” He looked back to see if the vehicle was going to get stopped and saw a big cloud of dust and dirt. He then applied the brakes and stopped the train.