Southern Pacific Co. v. Unarco Industries, Inc.

Appellant, Unarco Industries, Inc., appeals from judgment in favor of respondent, Southern Pacific Company, on appellant’s cross-complaint against respondent and on respondent’s cross-complaint against appellant.

Questions Presented

1. Evidence concerning condition of swivel pin properly admitted.

2. The jury passed on the issue of respondent’s alleged negligence.

3. No waiver of the warranty.

4. Strict liability applies.

5. Mitigation of damages not an issue.

6. The judgment for attorneys’ fees.

Record

Feliciano Salcido originated this action against respondent, Southern Pacific Company, for personal injuries sustained October 21, 1966, at Richmond, California, while employed by Mutual Grocery Co., in unloading a box car belonging to respondent, when a “load divider” door fell upon him. Appellant was joined as a defendant in the action. Respondent cross-complained against appellant, the manufacturer and seller of the divider door and its component parts. The cross-complaint set forth five theories of action, breach of contract, express warranty, strict liability, and two other theories dismissed at the trial. The relief sought by the cross-complaint was…