Richardson v. Southern Pacific Co.

This is an action brought to recover damages on account of the death of plaintiff’s husband alleged to have resulted from injuries sustained through the negligence of defendant Southern Pacific Company. The complaint included as parties defendant others than said corporation, but the said remaining defendants were not served with summons, and the cause was tried as against defendant Southern Pacific Company alone.

At the close of the plaintiff’s case the trial court, on motion of defendant, ordered a nonsuit, and from the judgment entered pursuant to said order the plaintiff prosecutes this appeal.

The record discloses the grounds of nonsuit to be that the evidence introduced by plaintiff affirmatively shows as a matter of law that deceased was guilty of negligence proximately contributing to the injuries complained of. No question is presented other than the one of contributory negligence. There is sufficient evidence of plaintiff’s right to maintain the action as surviving spouse, and as to her right to recover damages should the facts warrant.

The decedent James Richardson was a carpenter by trade, and for about two or three months prior to the date of the accident had been…