Legal Opinion
Morgan v. Southern Pacific Transportation Co.
California Court of Appeal
Decided March 15, 1974No. Civ. 13363PublishedCited by 31 opinions
1Opinion of the Court
Opinion
KERRIGAN, Acting P. J.
A Southern Pacific train ran over a pedestrian, resulting in the amputation of the man’s legs. The pedestrian’s lawsuit charged wilful misconduct and negligence on the part of the train crew. The jury returned a $175,000 general verdict in his favor.
The railroad’s appeal is predicated on two grounds: (1) the court erred in the jury instructions (mainly, in allowing the wilful misconduct issue to go to the jury); and (2) the evidence establishes contributory negligence as a matter of law.
The accident occurred shortly before 8 p.m. (after dark) on February 24, 1971,…
2Cases cited17 opinions
- Meek v. FowlerCalifornia Supreme Court · 1935
- Cope v. DavisonCalifornia Supreme Court · 1947
- Donnelly v. Southern Pacific Co.California Supreme Court · 1941
- Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
- Phillips v. G. L. Truman Excavation Co.California Supreme Court · 1961
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Calvillo-Silva v. Home GroceryCalifornia Supreme Court · 1998
- Ewing v. Cloverleaf BowlCalifornia Supreme Court · 1978
- DeElena v. Southern Pacific Co.Arizona Supreme Court · 1979
- Fuller v. State of CaliforniaCalifornia Court of Appeal · 1975
- Lostritto v. Southern Pacific Transportation Co.California Court of Appeal · 1977
26 more not listed; retrieve them via the Exa API.