Burroughs v. Southern Pacific Co.

This is an action to recover damages for ■injury to person and property caused by a collision between an automobile driven by plaintiff and a locomotive owned and operated by the defendant Southern Pacific Company. The defendant Inman-Poulsen Lum ber Company maintained the spur track on which the locomotive was running. At the conclusion of plaintiff’s case in chief the trial court allowed the motion of each of the defendants for a judgment of involuntary nonsuit. The plaintiff appeals.

The vital question is whether the plaintiff is guilty of contributory negligence ás a matter of law. Such…