Lambert v. Southern Pacific R.R. Co.

This action was for damages. Plaintiff alleged that as he, with his wagon and two horses, was traveling on the public highway, at a point in the town of Summerland where it crosses the defendant’s railroad, the defendant negligently, carelessly, and wrongfully ran a locomotive on to plaintiff’s horses and wagon, and the plaintiff, killing the horses, breaking the wagon, and injuring plaintiff himself. The defense pleaded both a general denial and contributory negligence. At the close of plaintiff’s evidence, and again at the close of all the evidence, defendant moved for the dismissal of the…