Fitts v. Southern Pacific Co.

Plaintiff was injured in a collision with one of the trains of defendant while driving across the railroad tracks on Treat Avenue, in the city of San Francisco, and brought this action to recover damages. The verdict was for defendant, and from an order denying his motion for a new trial plaintiff appeals.

Several grounds are urged for a reversal, only one of which is of sufficient importance to merit particular consideration. It is insisted that the court erred in disallowing the challenge of plaintiff to a juror,—C. G. Young,—interposed on the ground (Code Civ. Proc., sec. 602, subd. 7) that…