Coe v. Southern Pacific Co.

Plaintiff appeals from a judgment after jury verdict in favor of defendants, and purports to appeal from the order denying new trial.

Questions Presented

1. Alleged error in instructions given:(a) Presumption of use of due care by defendants;(b) section 575, subdivision (a), Vehicle Code (now § 22451, subd. (a));(c) failure to instruct on contributory negligence.

2. Other instructions.

3. Exclusion of statement of Mrs. Winther.

4. Cross-examination of Highway Patrol officer as to Fresno City Police report.

Evidence

Plaintiff was the passenger in an automobile which was struck at a railroad crossing…