Heintz v. Southern Pacific Co.

I dissent. I agree with the majority opinion, if we accept the testimony of plaintiffs in its most favorable light, that there is sufficient evidence shown to establish negligence on the part of defendants in leaving, unattended and unlighted, a box car without warnings parked diagonally across and in the middle of a paved and fairly well traveled street in the nighttime under the circumstances described. The conclusion that defendants were negligent is supported by the decision in the case of Peri v. Los Angeles Junction Ry. Co., 22 Cal.2d 111 [137 P.2d 441], The question of defendants’…