Lua

Southern Pacific Transportation Co. has appealed from a judgment against it in favor of respondent Panfilo Lua. The dispute between the parties arises out of the injuries Mr. Lua sustained when he tried to climb over appellant’s train, which was stopped and blocking a public grade crossing. The case was tried to a jury, which found for the plaintiff and awarded damages in the amount of $309,400.

Southern Pacific contends that the trial court erred in instructing the jury that a violation of General Order No. 135 of the Public Utilities Commission (P.U.C.) (see 77 Cal.P.U.C. at p. 323), which regulates the length of time a stopped train may block a public grade crossing, constitutes negligence per se. The railroad also contends that the judgment should be reversed due to the misconduct of plaintiff’s counsel. Finally, Southern Pacific asks us to reconsider and overrule the decision of another division of this district following an earlier appeal in this case, and on that basis direct the entry of judgment in its favor.

Because we agree with Southern Pacific’s first contention and reverse on that ground, we need not reach its contentions regarding attorney misconduct. We…