Fuller v. Southern Pacific Transportation Co.

OPINION

HOWARD, Judge.

This is an action for personal injury suffered by a two-year-old boy when his father’s pickup truck, in which he was a passenger, was struck by defendant’s train at a grade crossing. The plaintiff appealed from a judgment in favor of the defendant entered pursuant to a jury verdict. He contends the trial court committed reversible error in giving the jury defendant’s Instruction No. 1. We agree and remand for a new trial.

The accident occurred during daylight in Pima County, Arizona at the intersection of Tangerine Road and defendant’s railroad track. Plaintiff’s father…