Will v. Southern Pacific Co.

After a jury had returned a verdict against the respondent railroad company awarding damages for the death of Roy Clayton Will, which occurred in a crossing accident, the trial judge granted a motion for a new trial. The appeal is from that order.

The complaint alleged that the engineer and fireman of the train, who were joined as defendants, negligently drove the engine and cars with great speed and rapidity to and across Chevy Chase Drive without ringing any bell or blowing any whistle. The appellants also charged Southern Pacific Company with negligence in maintaining a crossing having…