Emmolo v. Southern Pacific Co.

This is an appeal by defendants from a judgment in favor of the plaintiff in an action to recover damages for injuries sustained by him as the result of a collision between plaintiff’s truck and defendants’ train. Defendants’ answer denied plaintiff’s allegations of negligence and affirmatively alleged that he was guilty of contributory negligence. There were two trials. The first jury was unable to agree and was discharged. The second returned a verdict for plaintiff. Defendants ’ motion for a new trial was denied and the judgment which was entered pursuant to the verdict forms the basis of…