Union Pacific Railroad Company, a Corporation v. Teles Hormaechea and Mary Hormaechea, Husband and Wife, and Daniel T. Hormaechea

Appellant, Union Pacific Railroad Company, has appealed from a judgment in a diversity action in favor of appellees, Daniel T. Hormaechea, a minor, and his parents, Teles Hormaechea and Mary Hormaechea, for personal injuries sustained by Daniel in a train-automobile collision, and expenses incurred by his parents in treatment for the injuries.

The case was tried before a jury. At the close of plaintiffs’ case and again at the close of all the evidence, appellant moved for a directed verdict. Both motions were denied. The jury returned a verdict in favor of Daniel for $10,000 and his parents for $9,396.93. Appellant’s motion for a judgment notwithstanding the verdict or for a new trial was denied. This appeal is from the judgment and denial of the motion.

Appellant has specified as error the denial of the three motions and contends on appeal (1) that appellees failed to establish any negligence on the part of the Union Pacific as a proximate cause of the collision, and (2) that the evidence shows that. Daniel T. Hormaechea was negligent as a matter of law and that his negligence proximately caused or contributed to the accident.

The inquiry with respect to each of the motions is…