Myers

Plaintiff Laura Ann Myers was injured when she fell off a motorcycle driven by defendant Steven Zaharoff on property maintained and controlled by defendant Atchison, Topeka and Santa Fe Railway Company (Santa Fe). Myers sued alleging Santa Fe negligently or wilfully maintained a drainage culvert on its property and failed to warn others of the dangerous condition, and Zaharoff negligently operated the motorcycle. After a jury trial, judgment was entered for both defendants. On appeal, Myers contends the lower court made several erroneous rulings regarding the application and effect of Civil Code section 846 and challenges the sufficiency of the evidence to support the jury’s finding Zaharoff was not negligent.

I

Facts

On April 27, 1985, Myers, her boyfriend, and her younger sister went to a street overpass to watch an air show being put on at a nearby military installation. The overpass spanned a railroad right-of-way, running in a generally north-south direction, that was maintained and controlled by Santa Fe. While there, Myers met several friends from her place of employment. One coemployee present was Zaharoff who arrived at the overpass by motorcycle.

Over the…