Raymond v. Southern Pacific Company

HOLMAX j.

This is an action for wrongful death brought by decedent’s husband as administrator for his personal benefit. Plaintiff appealed from a judgment for defendant entered pursuant to a jury verdict.

Decedem was lulled while riding as a passenger in a vehicle driven by plaintiff at the time a collision occurred with one of defendant’s trains. Plaintiff’s cause of action was alleged in two counts. One purported to te based on nuisance and the other on negligence. Defendant filed a demurrer to the nuisance count. The demurrer was sustained and the case was tried on tie negligence theory.

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