Southern Pacific Railroad Co. v. Mitchell

UDALL, Justice.

This action was brought by Birdie Mitchell (plaintiff-appellee), to recover damages for injuries arising as a result of a collision between an automobile, in which she was riding as a guest, and a backing train then owned and being used in switching operations by , the defendant-appellant, Southern Pacific Company. The defendant-appellant, Southern Pacific Railroad Company, owns the right of way where the tracks are laid, and the Southern Pacific Company operates the trains. No question is here presented as to which one of the two corporate entities is liable, if a liability is…