Williams v. Southern Pacific Company

—This is an action for damages for personal injuries alleged to have been received in a collision between two trains. Plaintiff recovered a verdict of fourteen thousand dollars, and the appeal is by defendant from a refusal of a new trial.

The collision was on the Coast Division, a little west of San Ardo station, between a pay train and a freight train. The latter was going north, or in railroad vernacular, west,— meaning towards San Francisco. The pay train was, of course, going east, or from San Francisco.

The collision, according to plaintiff’s evidence, was about 2,150 feet west of the station; according to defendant’s evidence, 2,519 feet, and a little over 200 feet west of the west switch at the station.

The freight train was scheduled to arrive at San Ardo at 7:24, a. m., and to leave that station at 7: 35, and was forbidden by the rules of the company to arrive or leave sooner than at said times. On that morning the freight train did arrive at 7:05, and pulled out towards San Francisco at 7:23,—twelve minutes earlier than it should have done.

The pay train, being a special, had no time limit, but was bound to keep out of the way of the regulars, and to that end was…