Herrera v. Southern Pacific Co.

Four personal injury actions and one action for wrongful death were consolidated for trial and are presented together upon appeal. The appeals are taken from judgments entered upon verdicts directed for defendant.

There is no claim here that there was contributory negligence and the sole question is sufficiency of the evidence to warrant a reasonable inference of negligence on defendant’s part.

As the test of power to direct a verdict is the same as that for nonsuit, this court must accept as true ail direct and indirect evidence favorable to plaintiff and reject that opposed to it. (Estate of…