Marquez

This is an appeal from a judgment in favor of the plaintiff in an action to recover damages for personal injuries. The principal assignment of error is based on the refusal of the court to direct a verdict for the appellant at the close of the evidence. There was testimony tending to prove that for a number of years last past the appellant has maintained a turntable on the line of its road in the central part of Clifton, Ariz., a town of approximately 2,500 inhabitants. The turntable is located at a point forty or fifty feet from a public highway leading through the town, from which it is in plain view. The turntable was unguarded when not in use and the only lock or fastening to keep it in place consisted of a flat piece of iron or steel, with projections at either end, placed between the stationary rails and the rails on the turntable at the junction between the two. This locking or fastening device weighed approximately fifty pounds and could be removed from its position by lifting on a couple of rings inserted on its upper side, at either end, for that purpose. The lock or fastening could readily be removed from its position by a boy of 12 or 13 years of age, and had been so…