Hanlon
Southern Pac. Co. v. Hanlon
Opinion
Lead Opinion
Rudkin, J.
This is a writ of error to review a judgment for the plaintiff in an action to recover damages for personal injuries. The sufficiency of the testimony to warrant the submission of the case to the jury is the only question presented for consideration here. At the time of receiving the injuries complained of the defendant in error was a passenger on a train operated by the plaintiff in error between Portland, Or., and Chico, Cal. Soon after the train left Glendale, Or., it was brought to a sudden stop by an application of the emergency brakes, and the sudden stopping and jerking of the train threw the defendant in error to the floor of the observation ear, in which she was riding, causing the injuries complained of. The complaint alleged that the agents, servants, and era *295 ployeos of the plaintiff in error, in charge, carelessly, negligently, and without warning brought the train to a sudden stop, while the same was traveling at a speed of 30 or 40 miles per hour. The answer denied the nogligtenee charged in the complaint, and averred that the train was stopped through the application of the emergency brakes, to save the life of a trespasser who had missed his footing in…