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HOLBERT v. SOUTHERN PACIFIC COMPANY

No. 2 CA-CIV 807.

12 Ariz. App. 480 (1970)

472 P.2d 91

Charles Byrd HOLBERT, Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

July 13, 1970.

Attorney(s) appearing for the Case

Pain & Julian, by Fred J. Pain, Jr., Phoenix, for appellant.

Bilby, Thompson, Shoenhair & Warnock, P.C., by Richard M. Bilby, Tucson, for appellee.

KRUCKER, Judge.

Plaintiff, Charles B. Holbert, sued the Southern Pacific Company for personal injuries sustained while working. After a jury verdict in favor of the railroad, judgment was so entered. Plaintiff's motion for a new trial was denied. Plaintiff now appeals from the judgment and the denial of his motion for a new trial.

The sole issue raised at this appeal is whether or not there was sufficient evidence presented at trial to warrant giving an instruction...

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