Zamora v. Thompson

POPE, Justice.

This is an appeal from a summary judgment awarded the defendant railway company in a suit brought by the plaintiff who drove into the side of a train at night.

As recited in the judgment, the trial court, in passing on defendant’s motion for summary judgment, had before it the plaintiff’s own deposition, the affidavits of two of plaintiff’s witnesses, and certain admissions. We shall consider all matters of original negligence on the part of the railway as proved, including plaintiff’s contentions that the train operators gave no warning signs or signals, failed to blow the…