Southern Pacific Company v. Barnes

MOLLOY, Judge.

This is an appeal from a judgment rendered in a wrongful death action upon jury findings against the defendant-railroad in connection with the death of an eleven year old girl who was killed on November 3, 1963, as the result of a crossing accident in the City of Tucson at the intersection of Ajo Way and the Tucson-Nogales spur line of the defendant.

The facts giving rise to the accident are stated favorably to upholding the judgment rendered below. The accident occurred at dusk on the evening in question, at a time when the Southern Pacific Company had a twenty-two car ore train…