Whinery v. Southern Pacific Co.

Opinion

ELKINGTON, J.

Plaintiffs, the widow and three children of Albert Whinery, deceased, have appealed from a judgment based on a jury verdict, and from an order denying a motion for judgment notwithstanding the verdict, in an action brought by them against defendant Southern Pacific Company for damages for the wrongful death of the deceased.

The material facts are conceded. Deceased was a passenger in his employer’s truck which was being driven by a fellow employee. While crossing railroad tracks in the City of Gilroy the truck was struck by a train operated by the Southern Pacific Company.…