Rea
Rea v. Southern Pacific Co.
Opinion
Lead Opinion
Spence, J.
The Southern Pacific Company and Charles F. Heath appeal from a judgment in favor of the respondents Harvey Rea and Elsie Rea, his wife, in the sum of $1500 awarded as damages arising out of injuries sustained by Mrs. Rea on the “Solano,” a Southern Pacific ferry, while the train on which she was a passenger was being ferried across the Carquinez Straits.
It is contended that the evidence is insufficient to justify the verdict; that Mrs. Rea was guilty of contributory negligence as a matter of law, and that the verdict is against law. We find no merit in these contentions. Mrs. Rea was a passenger in the car immediately ahead of the observation car. While on the boat going from Benicia to Port Costa she left the car and walked on the deck to a point in the rear of the observation car and there crossed the tracks to the right side of the boat. Later, upon recrossing these tracks she stepped into a pool of grease and oil on the far side of one of the rails and slipped and fell. These tracks were eight and seven-eighths inches above the surface of the deck. The pool of grease and oil was about a foot wide and two feet long. She did not notice this pool until after she fell. The…