Souza

The Southern Pacific Company appeals from three judgments rendered against it by the district court. The three causes of action grew out of a crossing collision between a railroad locomotive and an automobile. The separate actions were consolidated for trial. In these actions the plaintiffs were John Souza, the driver of the automobile; the survivors of Antonio Souza and of Edward Souza, both of whom were passengers in the automobile and were killed as the result of the collision. Federal jurisdiction rests on diversity of citizenship.

Appellant’s principal contention is that the driver of the automobile, appellee John Souza, was contributorily negligent as a matter law. The evidence concerning the circumstances of the accident was highly contradictory. Much of the testimony given in behalf of appellees was impeached by alleged prior inconsistent statements of the witnesses. However, the credibility of witnesses is for the determination of the jury. Accepting the testimony and the inferences therefrom in the -light most favorable to appellees and disregarding contradictory testimony, the jury could have found that the facts were somewhat as follows:

Appellee, John Souza, on…