DeElena v. Southern Pacific Co.

STRUCKMEYER, Vice Chief Justice.

This is an appeal by Jose DeElena from a jury verdict in favor of appellees and an order denying his motion for a new trial. Jurisdiction was acquired pursuant to Rule 19(e), Arizona Rules of Civil Appellate Procedure, 17A A.R.S.

At about 4:30 p.- m. on December 18,1972, appellant’s mother, Antonia Mora DeElena, age 51, was killed when the adult tricycle she was riding was struck by the engine of a southbound Southern Pacific Transportation Company freight train at the intersection of the railroad tracks and Broadway Road in Mesa, Arizona. Broadway Road is a…