Pepper v. Southern Pacific Co.

The Court.

Miles Pepper, a young man of twenty-five years, in driving across the track of the defendant’s railroad in or near the town of Los Gatos, was killed by a passing train. Miles was never married, and the plaintiff, his father and heir at law, brought this action, alleging that his son’s death was caused by the carelessness and negligence of the defendant.

The answer denied all negligence on the part of the defendant, and alleged that the death of the deceased was caused by his own negligence.

The jury found for the plaintiff, and assessed his damages at eight thousand dollars. This…