BALTHROP v. ATCHISON, T. & S.F. RY. CO.

Docket No. 8756.

142 Cal.App.2d 823 (1956)

299 P.2d 341

WILEY WILSON BALTHROP, Respondent, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation) et al., Appellants.

Court of Appeals of California, Third District.

July 5, 1956.


Attorney(s) appearing for the Case

Robert W. Walker, William F. Brooks, Rutherford, Jacobs, Cavalero & Dietrich, D.R. Jacobs and Stephen Dietrich for Appellants.

Neumiller, Ditz, Beardslee & Sheppard, Dudley W. Sheppard, Hawkins & Hawkins and Fred W. Hawkins, Jr., for Respondent.


McMURRAY, J. pro tem.*

After a jury verdict in favor of defendants the court granted a motion for a new trial upon the grounds that the evidence was insufficient to sustain the verdict; that there was error in an instruction given by the court; and that facts were concealed by a juror in his answers on voir dire. The action arose out of a railroad crossing accident in which plaintiff's car was struck by defendants' train.

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