Simmons v. Southern Pacific Transportation Co.

Opinion

BRAY, J.

* Defendants Southern Pacific Transportation Company and Joseph M. Murphy appeal from judgments of the Contra Costa County Superior Court after jury verdict in favor of plaintiffs Donald Simmons and Mary Jane Fernie. Plaintiff Donald Simmons appeals on the limited issue of the failure of the said superior court to instruct on punitive damages.

Issues Presented

Defendants’ appeal.

1. Plaintiffs’ counsel was guilty of prejudicial misconduct.

2. The court erred in instructing on the doctrine of wilful misconduct.

3. The court properly instructed on Public Utilities Commission General…