Rodgers v. Central Pacific Railroad

Searls, C.

This is an action to recover damages for the death of plaintiff’s son, claimed to have been caused by the negligence of the corporation defendant. Plaintiff had verdict ■which was set aside by the court below and a new trial granted. Plaintiff appeals from the order granting a new trial.

James McGregor Rodgers, the intestate of plaintiff, who was a servant of defendant and firemen on one of its locomotive engines, was killed in a train accident at China Gulch, in Shasta County.

An important question at the trial was, whether defendant was guilty of negligencé in the construction and…