Barry v. Southern Pac. Co.

La PRADE, Judge.

Appellant filed this suit to recover damages for personal injuries suffered by him by reason of the alleged negligence of the defendants. The individual defendants were the engineer, fireman, and switch-men in charge of the company’s train at the time of the accident. At the close of plaintiff’s case the court peremptorily instructed the jury to find for the defendants. The proof showed that the accident occurred in South Tucson, a few feet from the intersection of the. company’s tracks and South Sixth Avenue. This street is a heavily traveled arterial highway carrying traffic…