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

This is an appeal by defendants from a judgment in the sum of $75,000 entered upon a jury verdict in an action which arose out of a railroad crossing accident in which plaintiff’s car was struck by defendants’ train. The first trial of this action resulted in a verdict in favor of defendants, but a new trial was granted by the trial court, and this court affirmed the order granting a new trial. (142 Cal. App.2d 823 [299 P.2d 341].)

As grounds for a reversal of the judgment appellants urge: (1) that the evidence establishes that respondent was contributorily negligent as a matter of law, (2)…