Hoyt v. Southern Pacific Co.

EDMONDS, J., pro tem.

Plaintiff recovered judgment upon the verdict of a jury for damage to a trailer struck by one of the trains of the defendant railway at a crossing in the city of Oxnard. The points presented by the defendant on appeal are that the evidence shows that the driver of the truck was guilty of contributory negligence as a matter of law; that there is no evidence of negligence on the part of the defendant; and that the court erred in instructing the jury.

By the court’s instructions the jury was given the definition and effect of a presumption and told that “it is presumed that…