Greene v. Atchison, Topeka & Santa Fe Railway Co.

From a judgment of nonsuit plaintiff, guardian ad litem of the minor children of Leroy Davis, deceased, appeals on a settled statement.

Questions Presented

1. Was there any evidence which would have supported a finding of negligence of defendant?

2. Should the court have reopened the case to permit additional testimony as to the train’s stopping distance ?

Facts

At Pittsburg, California, defendant’s right of way runs in an east-west direction. There are siding tracks on either side of the right of way and between them a track for eastbound and one for westbound trains. Eastbound trains approach…