Alires v. Southern Pacific Company

(specially concurring).

I concur in the result of this case but I do not agree with the majority that the trial court improperly excluded the testimony of the defendant Hodges (the fireman) as to the character of the Thirty-fifth Avenue crossing.

In a pretrial deposition Hodges testified that “ * * * near midnight the employees of that Reynolds Aluminum Plant are changing shifts there and they are going to and from work, and at that particular time I considered it a bad crossing”. Again at a pretrial inquest Hodges testified that “ * * that is a particular bad crossing there all those aluminum…