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Wing v. Southern Pacific Co.

Supreme Court of California.Department One
Oct 25, 1919
181 Cal. 468 (Cal. 1919)

Opinion

L. A. No. 5274.

October 25, 1919.

APPEAL from an order of the Superior Court of Los Angeles County granting a new trial. Louis W. Myers, Judge. Affirmed.

The facts are stated in the opinion of the court.

Henry T. Gage and W.I. Gilbert for Appellants.

Harry M. Irwin and Waldo M. York for Respondent.


This is an action for damages for the death of decedent, Wong On King, alleged to have been caused by the conduct of the defendant in negligently propelling its engine along Alameda Street in the city of Los Angeles, at a street crossing, over his body then lying on the railroad track, where he had been thrown by a passing automobile. A verdict was given for the defendant and the court below granted a now trial.

The only point assigned for reversal is that the evidence did not justify the order granting a new trial, that is, that on the evidence, as given, the verdict should have been for the defendant as matter of law. The record shows ample evidence to indicate that the engineer in charge of the train, if he had exercised due care, could have seen the deceased lying on the track in ample time to have stopped the train. Under these circumstances we cannot disturb the order of the court granting a new trial.

The order is affirmed.

Lawlor, J., and Olney, J., concurred.


Summaries of

Wing v. Southern Pacific Co.

Supreme Court of California.Department One
Oct 25, 1919
181 Cal. 468 (Cal. 1919)
Case details for

Wing v. Southern Pacific Co.

Case Details

Full title:CHING WING, as Administrator, etc., Respondent, v. SOUTHERN PACIFIC…

Court:Supreme Court of California.Department One

Date published: Oct 25, 1919

Citations

181 Cal. 468 (Cal. 1919)
184 P. 949

Citing Cases

Riney v. Pacific Electric Railway Co.

[3] The doctrine of the last clear chance is not applicable to this case. The decision in Wing v. Southern…