CONNER v. SOUTHERN PACIFIC CO.

Docket No. Sac. 6232.

38 Cal.2d 633 (1952)

241 P.2d 535

W.F. CONNER et al., Respondents, v. SOUTHERN PACIFIC COMPANY (a Corporation) et al., Appellants.

Supreme Court of California. In Bank.

March 21, 1952.


Attorney(s) appearing for the Case

Glenn D. Newton for Appellants.

Alfred E. Frazier and Duard F. Geis for Respondents.


SCHAUER, J.

Defendants appeal from an order granting plaintiffs' motion for new trial in an action for wrongful death. The motion was granted for asserted error in instructions. We have concluded that the jury were correctly instructed. It necessarily follows that the trial court's order setting aside the verdict and granting a new trial cannot be sustained.

Bill Conner, plaintiffs' son, was killed when defendants' train struck an automobile which was being...

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