Rea

Rea v. Southern Pacific Co.

Good Law
105 Cal. App. 559·288 P. 151
Court of Appeal of CaliforniaMay 9, 1930Docket No. 7044.California730 words

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…

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