Connors v. Southern Pacific Co.

The plaintiffs, who are the surviving widow and minor children of Charles E. Connors, have appealed from a judgment of nonsuit which was granted at the close of their evidence. Mr. Connors, who was driving *874a truck loaded with fruit on the public highway in the nighttime, was instantly killed as the result of colliding with a Southern Pacific railway train which was crossing the highway on a spur track near Tracy. The appellants assert that the crossing is hazardous and inadequately lighted and that no adequate warning of the passing of the train was given.

We are convinced the court erred in…