Ching Wing v. Southern Pac. Co.

Plaintiff, having alleged in his complaint that defendants, by acts of negligence, caused the death of his intestate, Wong On King, was awarded damages in the sum of $7,500 by a jury. Judgment followed accordingly and defendants have appealed.

On June 30, 1916, Wong On King was crossing Alameda Street, in the city of Los Angeles, when an automobile collided with him, causing him to fall across the track of the defendant Southern Pacific Company. He was apparently stunned by the fall and, while lying on the track, his legs were crushed by the wheels of a locomotive tender. This injury caused his death. The locomotive of which the tender was a part was owned by defendant company. Defendant Jordan was the engineer in charge of the locomotive and was being assisted at the time by the defendant Thome as fireman. It is the contention of the appellants that the court erred in the giving of a certain instruction, and in modifying another which was offered on the part of the defendant. As to the errors complained of affecting the instructions as given and modified, appellants insist that under the evidence the ease should have been submitted to the jury upon one theory only, that theory…