Baker v. Atchison, Topeka and Santa Fe Railway Co.

HATHAWAY, Judge.

This case arises out of a collision at a railroad crossing in the City of Flagstaff, Arizona. The plaintiff appeals from a jury verdict and judgment rendered in favor of the defendant railway company.

The first contention raised is that the trial court erred in refusing to admit into evidence a photograph taken at night which purportedly depicted the train’s approach to the crossing.

The trial court is vested with considerable discretion in passing on the admission of photographs. Humphrey v. Atchison, Topeka and Sante Fe Railway Company, 50 Ariz. 167, 70 P.2d 319 (1937). "The…