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WOLFSWINKEL v. SOUTHERN PACIFIC COMPANY

No. 6114.

82 Ariz. 33 (1957)

307 P.2d 1040

Hattie WOLFSWINKEL, as Administratrix of the Estate of Clarence Wolfswinkel, deceased, and Clifford L. Wolfswinkel, Appellants, v. SOUTHERN PACIFIC COMPANY, a corporation, Lewis V. Trosper and George Klenner, Appellees.

Supreme Court of Arizona.

March 5, 1957.

Attorney(s) appearing for the Case

Laney & Laney and Roger W. Perry, Phoenix, for appellants.

Evans, Hull, Kitchel & Jenckes and Ralph J. Lester, Phoenix, for appellees.

Boyle, Bilby, Thompson & Shoenhair, Tucson; Fennemore, Craig, Allen & McClennen, Phoenix, amici curiae.

WINDES, Justice.

On motion for rehearing defendant contends that the effect of our decision in Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302, 305 P.2d 447, is to prohibit the trial court instructing the jury what is the legal duty of plaintiff in a given case and that if such duty was violated the plaintiff would be guilty of negligence. Briefs of amici curiae were filed contending that...

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