No. 2 CA-CIV 3152.

122 Ariz. 588 (1979)

596 P.2d 726

Lee FULLER, by his Guardian ad Litem, Alice Skinner, Plaintiff/Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 14, 1979.

Attorney(s) appearing for the Case

Thur & Preston by Calvin C. Thur, Scottsdale, for plaintiff/appellant.

Bilby, Shoenhair, Warnock & Dolph, P.C. by Richard M. Bilby and Mary E. Mangotich, Tuscon, for defendant/appellee.


HOWARD, Judge.

This is an action for personal injury suffered by a two-year-old boy when his father's pickup truck, in which he was a passenger, was struck by defendant's train at a grade crossing. The plaintiff appealed from a judgment in favor of the defendant entered pursuant to a jury verdict. He contends the trial court committed reversible error in giving the jury defendant's Instruction No. 1. We agree and remand for a new trial.


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