Vanni v. Charles E. Burns

TAYLOR, J. pro tem.*

This isan appeal from an order granting a new trial to the plaintiff in a personal injury action on the grounds of insufficiency of the evidence after a jury verdict in favor of the defendants.

The pertinent facts are as follows: The defendant Santa Fe maintains a single set of railroad tracks running in a general northerly and southerly direction across China Basin Street and extending onto Pier 54 on the San Francisco waterfront. The tracks are used to transport cargo from the pier to industrial facilities. For about three years before the collision which formed the basis…