Scott v. Southern Pacific Co.

An action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence. The jury returned a verdict in plaintiff’s favor, but the trial court granted a new trial upon the ground of .the insufficiency of the evidence; and from the order made in that behalf plaintiff has taken this appeal.

The evidence adduced at the trial is conflicting on some points, but in the main is without dispute. Briefly stated, it is as follows: Shortly after 2 o’clock on the morning of May 7, 1927, one of the defendant’s freight trains consisting of an engine and fifty-three cars,…