Rice v. Southern Pacific Co.

Defendant Southern Pacific Company appeals from an adverse judgment in a wrongful death action brought by the widow and children of Wilford Lee Bice who was killed when the vehicle he was driving was struck by a train. Judgment was after a court trial.

We reject the contentions of defendant railroad that as a matter of law (1) it was not negligent, and (2) that decedent was guilty of contributory negligence.

In stating the facts we, of course, observe the rule that all conflicts in the evidence are binding upon a reviewing court, and all reasonable inferences must be drawn in favor of…