Rowe v. Southern California Railway Co.

This action is brought by plaintiff to recover damages from defendant for the alleged negligent killing of plaintiff’s■ husband by one of defendant’s passenger trains at a street crossing in the city of San Bernardino. At the conclusion of plaintiff’s evidence, defendant’s motion for a nonsuit was granted. The plaintiff appeals from the judgment which followed.

The only question presented arises upon the order granting the nonsuit. It is contended by appellant that, while the negligence of the deceased must be admitted to have contributed to his death, yet the defendant’s engineer had notice…