Is a defendant liable for causing the death of a pedestrian who was struck by a train while crossing the right-of-way?

California, United States of America


The following excerpt is from Whinery v. Southern Pac. Co., 3 Cal.App.3d 941, 83 Cal.Rptr. 333 (Cal. App. 1970):

Plaintiffs correctly point out that the subject ordinance of the City of Gilroy was obviously designed to prevent railroad trains from colliding with persons or vehicles crossing the railroad right-of-way. They contend, as a matter of law, that defendant's negligence in violating the ordinance was a proximate cause of the accident and of decedent's death. This being so, they insist that no factual issue remained on the question of liability, and that therefore the court erred in not granting their motion for a directed verdict on that issue. In support of their argument they cite the case of Valerio v. Jahura (1961) 191 Cal.App.2d 159, 12 Cal.Rptr. 296.

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