Conner v. Southern Pacific Co.

Defendants appeal from an order granting plaintiffs’ motion for new trial in an action for wrongful death. The motion was granted for asserted error in instructions. We have concluded that the jury were correctly instructed. It necessarily follows that the trial court’s order setting aside the verdict and granting a new trial cannot be sustained.

Bill Conner, plaintiffs’ son, was killed when defendants’ train struck an automobile which was being steered by Conner while in tow of a pickup truck driven by Richard Benson. Benson drove upgrade at a speed of about five miles an hour across…