Holbert v. Southern Pacific Co.

KRUCKER, Judge.

Plaintiff, Charles B. Holbert, sued the Southern Pacific Company for personal injuries sustained while working. After a jury verdict in favor of the railroad, judgment was so entered. Plaintiff’s motion for a new trial was denied. Plaintiff now appeals from the judgment and the denial of his motion for a new trial.

The sole issue raised at this appeal is whether or not there was sufficient evidence presented at trial to warrant giving an instruction which exonerated defendant if a third party was the sole cause of the injury in question. The instruction, as given by the court,…