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Bush v. Southern Pacific Co.

106 Cal. App. 759 Court Third Appellate District. Decision date 1930-05-27 Docket Civ. No. 4073 English

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p. 759
[Civ. No. 4073.
Third Appellate District.
May 27, 1930.]
IRENE DAVIDSON BUSH, Respondent, v. SOUTHERN PACIFIC COMPANY, a Corporation, et al., Appellants.
W. I. Gilbert for Appellants.
Oliver 0. Clark and Charles R. Nelson for Respondent.

This is an appeal by the defendants from a judgment in favor of the plaintiff for damages sustained by her in the death of her son in a railroad grade-crossing accident. The facts involved in this case and the grounds urged for a reversal of the judgment are substantially the same as those in Bush v. Southern Pacific Co. (Civ. No. 4072), ante, p. 101 [ 289 Pac. 190 ], this day decided by this court. In appellants’ opening brief it is said: “By stipulation the same evidence offered and introduced in that action was made a part of the evidence in this case, being tried by the same jury and under the same and additional instructions. ’ ’'

On the grounds stated in the opinion filed in the case referred to the judgment herein is affirmed.

A petition for a rehearing of this cause was denied by the District Court of Appeal on June 26, 1930, and a petition by appellants to have the cause heard in the Supreme Court, - after judgment in the District Court of Appeal, was denied by the Supreme Court on July 24, 1930.