Jackson v. Atchison, Topeka & Santa Fe Railway Co.

This is an action by plaintiff and appellant to recover damages for personal injuries and property damage sustained as the result of a collision of plaintiff’s truck with a train operated by the defendant and respondent Atchison, Topeka and Santa Fe Railway Company (hereinafter referred to as the Santa Fe), occurring where the main line of the Santa Fe crosses Franklin Road in Merced County.

At the conclusion of the plaintiff’s case defendants’ motion for a nonsuit was denied. However, at the conclusion of the entire ease, the trial court granted defendants’ motion for a directed verdict. On granting this motion the trial court ruled that, while there was ample evidence of defendants’ negligence to go to the jury, the evidence also showed, as a matter of law, that the plaintiff was guilty of contributory negligence either by proceeding onto the tracks in the path of the oncoming train or by failing to leave the truck which had stalled between the rails of the Santa Fe track and remove himself from the area of danger.

Thus the question before us is whether there is any substantial evidence to support a verdict in favor of plaintiff, and if so whether there was a failure of…