Koch v. Southern Pacific Transportation Company

Plaintiff was injured while a passenger in an automobile which was struck by defendant’s train at a grade crossing of the railroad and a county road in Lane County. Defendant appeals from a judgment entered pursuant to a jury verdict for plaintiff. This is the second appeal arising out of the same litigation, a prior verdict for plaintiff having been reversed by this court 1 and the initial retrial having resulted in a mistrial.

The vehicle in which plaintiff was riding was being operated on Thurston Road. Thurston Road approached defendant’s tracks at an acute angle and immediately prior to…