Sargent v. Southern Pacific Transportation Co.

Plaintiff is the administrator of the estate of both Diane and Douglas Sargent, husband and wife, who were killed in a collision at a railroad crossing between an automobile, driven by Douglas, and defendant’s freight train. Plaintiff filed a separate case for damages for the death of each decedent and the two cases were consolidated for trial. Plaintiff appealed from judgments of involuntary nonsuit given at the completion of plaintiff’s cases in chief.

The principal issue is whether the crossing was extrahazardous. The issue is raised in different ways by several assignments of error, but…