Berger v. Southern Pacific Co.

AGEE, J. pro tem.*

Defendants, The Pullman Company and J. Y. Zeno, Jr., appeal from a judgment on a jury verdict in favor of plaintiff, Edith Berger, in an action for damages alleged to have been sustained by plaintiff while she was a passenger on a Pullman sleeping ear. Defendant Southern Pacific "Company was granted a nonsuit, and it is not involved in this appeal.

At Glendale, on October 7, 1951, about 8 p. m., Mrs. Berger boarded a Southern Pacific train with the intention of journeying to San Francisco. She was 48 years of age, frail, sick, and suffering from chronic tuberculosis. In…