Lindsey v. Southern Pacific Co.

In this action for wrongful death resulting from a railroad crossing collision, the trial court entered a judgment of involuntary nonsuit and plaintiff appeals.

There was evidence from which the jury could reasonably have found the following: Plaintiff’s intestate was a passenger in a car which stalled on the crossing with its front wheels overlapping one rail. At this time the train was about eight or nine blocks away. The driver began working with the gearshift lever; the decedent told the driver “to do something with this automobile”; immediately after that the decedent attempted to open…