Stout v. Southern Pacific Railroad

In these two consolidated wrongful death actions, plaintiffs (in the Russell case, the widow and five minor children; in the Stout case, the widow and two minor children) appeal from a judgment entered upon a jury verdict denying them recovery from defendant Southern Pacific Company and its motorman, defendant F. P. Kistler, for the deaths of James B. Russell and Fred Stout as the result of a collision between the railroad company’s train and an automobile driven by Russell, in which Stout was riding.

The sole question to be passed on is plaintiffs’ contention that the trial court, in giving…