California Court of Appeal June 29, 1966, Civ. No. 603 (Atchison, Topeka & Santa Fe Railway Co. v. Superior Oil Co.)

CONLEY, P. J.

Early in the morning on a foggy winter day, a Plymouth sedan automobile driven by Charles C. Nourse, one of the petroleum engineers of the Standard Oil Company, collided with a moving freight train at the Rosedale crossing approximately five miles west of Bakersfield, thereby derailing 11 ears, and destroying their cargo as well as damaging the track of The Atchison, Topeka and