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MORGAN v. SOUTHERN PACIFIC TRANS. CO.

Docket No. 13363.

37 Cal.App.3d 1006 (1974)

112 Cal. Rptr. 695

JACK ANDERSON MORGAN, Plaintiff and Respondent, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

March 15, 1974.

Attorney(s) appearing for the Case

COUNSEL

King & Mussell and Bruce MacLachlan for Defendant and Appellant.

Garza, Kassel & Jordan and Florentino Garza for Plaintiff and Respondent.

OPINION

KERRIGAN, Acting P.J.

A Southern Pacific train ran over a pedestrian, resulting in the amputation of the man's legs. The pedestrian's lawsuit charged wilful misconduct and negligence on the part of the train crew. The jury returned a $175,000 general verdict in his favor.

The railroad's appeal is predicated on two grounds: (1) the court erred in the jury instructions (mainly, in allowing the wilful misconduct issue...

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