Thing v. Southern Pac. Co.

Summary

The Ninth Circuit affirmed a directed verdict for a railroad in a wrongful-death action arising from a collision between an automobile and a railroad motorcar at a highway crossing. The court held that, even assuming the crossing was negligently maintained, its condition did not contribute to the accident, and that the evidence did not support liability under the last-clear-chance doctrine.

Holdings

1. The evidence did not support a finding that the condition of the crossing contributed in any way to the accident.
2. The evidence could not reasonably support a finding that the railroad failed to exercise its obligation under the last-clear-chance doctrine.
3. A directed verdict for the railroad was proper because, on the evidence presented, reasonable jurors could not find that the railroad's conduct caused the accident or violated the last-clear-chance obligation.

Questions Presented

1. Whether the allegedly unsafe condition of the railroad crossing contributed to the collision.
2. Whether the railroad failed to exercise reasonable care under the last-clear-chance doctrine after the decedent's peril became apparent.
3. Whether the trial court properly directed a verdict for the railroad at the close of the plaintiff's evidence.

Disposition

affirmed