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Isbell v. State8/31/2000
itnesses were in sufficiently comparable circumstances. Indeed, two of them were on the train. Finally, there was no showing that meeting a federal decibel standard meant that the horn could be heard from 1,500 feet under the conditions here.
In short, there was insufficient evidence that the decedent violated the statute. Thus, the State was not entitled to the contributory negligence per se instruction.
IV.
We vacate the memorandum decision of the court of appeals and affirm the judgment of the superior court.
Frederick J. Martone, Justice
CONCURRING: Thomas A. Zlaket, Chief Justice; Charles E. Jones, Vice Chief Justice; Stanley G. Feldman, Justice Ruth V. McGregor, Justice;
Page 1 2 3 Arizona Personal Injury Attorneys
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