Hogue v. Southern Pacific Co.

Opinion

BURKE, J.

In this wrongful death action defendant appeals from a judgment on a jury verdict 1 in favor of plaintiffs in the sum of $40,000. 2 As hereinafter appears, we have concluded that contrary to defendant’s contention, the evidence is sufficient to support the implied finding of negligence on its part, that contributory negligence by the deceased was not established as a matter of law, and that the judgment should be affirmed.

The deceased, Lonnie Hogue, met his death on an afternoon in January 1966 at a railroad right-of-way crossing in Shasta .County when an automobile he was…