Powell v. Pacific Electric Railway Co.

Plaintiffs appeal from a judgment entered on a verdict denying them recovery of damages for the death of their minor son in a railroad crossing accident.

As sole ground for reversal, plaintiffs urge that the evidence established as a matter of law that defendant railway company was negligent, and that such negligence was the proximate cause of the fatal accident. But this appears to be the “usual fact case” for the jury’s determination of liability upon the controverted issues. (Taylor v. Wright, 69 Cal.App.2d 371, 374 [159 P.2d 980].) So applicable is the elementary rule that “when a verdict…