Southern Pacific Company v. Cavallo

WINDES, Justice.

Appellee E. M. Cavallo filed suit against Southern Pacific Company, a corporation, and Tony D. Ciochetti and Thomas E. Irwin, the engineer and fireman respectively of the company’s train, for personal injuries resulting from a collision between the train and plaintiff’s automobile at a highway-railroad crossing. Plaintiff received verdict and judgment in the sum of $40,000 and the defendants appeal. The first assignment of error is that the court should have granted defendants’ motion for judgment n.o.v. To test the correctness of the court’s refusal to render judgment for the…