DeArmond v. Southern Pacific Co.

In these consolidated, court-tried actions for wrongful death and personal injuries as the result of a railroad crossing accident, plaintiffs appeal from a defense judgment in each ease.

Negligence of Alfred Byrne, the driver of the automobile involved is conceded. Also conceded is the fact that plaintiffs and plaintiffs’ decedent (Mary S. Bynog) (hereinafter, for convenience, generally referred to as “plaintiffs”) were guests and not chargeable with Byrne’s negligence. Thus liability of defendants depends upon their negligence. The trial court found that Byrne’s negligence was the sole…