Tatum

On January 11, 1965, Southern Pacific Company as defendant was awarded judgment after five days of trial on the issue of liability in a personal injury case, the trial having been bifurcated. Motion for new trial was made by plaintiff on the grounds of error in law and insufficiency of the evidence.

On February 4, 1965, before the hearing of the motion, it came to the attention of the trial judge, Honorable Edward Henderson, that he held 400 shares of Southern Pacific Company stock, as trustee under the will of Franklin B. West. The judge, immediately responsive to duty, informed counsel. He filed a declaration in which he states that he was appointed trustee on August 2, 1949. Among the beneficiaries are his two children and two nieces. Shortly after distribution he had deemed it advisable to cause a diversification of the assets and he had purchased, as trustee, stock of 19 different issues under the advice of investment counsel. These stocks have at all times since their purchase been in a safety deposit box. On or about February 4, 1965, it became necessary for the judge to make a distribution. On checking the stocks, he discovered approximately 400 shares of Southern Pacific…