Morris v. Southern Pacific Co.

Plaintiff brought this action to recover for injuries which he suffered while a passenger upon defendant’s train. The cause was tried before a jury which returned a verdict in the sum of $6,814.50 against the defendant Southern Pacific Company. From that judgment and from an order denying its motion for a new trial the railroad company appeals.

The injuries resulted from the derailment of the train, occasioned by storm waters which undermined the track. The accident occurred about 11 p. m. of the twentieth day of January, 1911, in Merced County. There had been rains of unprecedented heaviness…