Travis

In an action for damages for personal injuries incurred in a collision between an automobile and a railroad train, plaintiff appeals from a judgment on jury verdict in favor of defendant.

Questions Presented

1. Was the cross-examination of plaintiff’s son, driver of the ear, and the cross-examination of plaintiff concerning alleged traffic violations of the son, improper?

2. Was there error in requiring the witness Villicano to testify ?

3. (a) Was imputed negligence an issue in the ease?

(b) Was instruction thereon proper?

4. Did the court err in giving or refusing certain other instructions ?

5. Alleged misconduct of the trial judge.

6. Alleged misconduct of defendant’s attorney.

Evidence

Plaintiff frankly concedes that the evidence was sufficient to support the verdict, but contends that it was in such direct conflict that the case was a close one, and that therefore any error as claimed by plaintiff could have swung the balance in favor of defendant.

Plaintiff Wayne is a school teacher about 45 years of age. Between the hours of 5 :30 and 6 :20 p. m. he was riding in an automobile being driven by his son Clarence, 20 years of age. The automobile was registered in…