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

Docket No. 6374.

188 Cal.App.2d 274 (1961)

10 Cal. Rptr. 367

NORA AGUILERA, a Minor, etc., et al., Appellants, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation) et al., Respondents.

Court of Appeals of California, Fourth District.

January 17, 1961.

Attorney(s) appearing for the Case

W.W. McCray and Ernest F. Shelander for Appellants.

Robert W. Walker, Richard K. Knowlton, Henry M. Moffat and John Neil Stanley for Respondents.

SHEPARD, J.

Plaintiffs brought this action for damages for the death of Angel Aguilera, which occurred in a railway crossing accident. Nonsuit was granted at the close of plaintiff's evidence, and plaintiffs appeal.

NONSUIT EVIDENCE RULE

[1, 2] The rule is that on a motion for nonsuit at the close of the plantiff's evidence, the evidence must be viewed in the light most favorable to the plaintiffs, giving to the support of plaintiff...

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