Pitcher v. Atchison, Topeka & Santa Fe Railway Co.

The defendant Bailway Company appeals from a judgment, entered after verdict, awarding the plaintiff $20,000 for injuries sustained when she fell while walking across the railway company’s tracks at their intersection by a public street and sidewalk; claims that the trial court erred in the giving of instructions and also claims that the evidence is insufficient to sustain the amount of the award.

The accident in question happened on the evening of February 23, 1959, after dark; in the City of Fullerton; on the railway company’s right-of-way at its intersection by Harvard Street. The…