Fimple

Fimple v. Southern Pacific Co.

Good Law
1918 Cal. App. LEXIS 132·38 Cal. App. 727·177 P. 871
Court of Appeal of CaliforniaNovember 22, 1918Civ. No. 1881.California4,802 words

Opinion

Lead Opinion

Hart, J.

Plaintiff brought the action to recover damages for the death of her husband, alleged to have been negligently caused by the defendants. The jury returned a verdict in favor of defendant, McKnight, and in favor of plaintiff against the defendant, Southern Pacific Company, in the sum of twenty thousand dollars. Judgment was entered accordingly and defendant, Southern Pacific Company, appeals frpm that portion thereof awarding damages against it.

Thomas V. Pimple met his death on the fourteenth day of July, 1914, being struck by a “light” engine then in charge of the defendant McKnight, while driving an automobile across the railroad tracks of the corporation, near the town of Durham, - in Butte County. With Pimple in the automobile was a young man named William Drouillard, who was also killed. His father, Edward Drouillard, brought an action for damages against the same defendants, in which judgment was entered in favor of plaintiff. That action was before us on appeal (Civ. No. 1778) and a decision affirming the judgment was filed in this court on March 4, 1918. (Drouillard v. Southern Pac. Co., 36 Cal. App. 447 , [ 172 Pac. 405 ].) A very full statement of the circumstances…

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