Shanahan

Ellis E. Shanahan, of Anderson, California, was struck and killed by a train operated by appellee, Southern Pacific Company, at a railroad crossing at that place. His widow and heir sued appellee, a Delaware corporation, to recover for the alleged wrongful death. The widow appeals from the judgment entered upon a verdict for the defendant.

The cause was submitted to the jury upon the assumption that there was some evidence to disclose failure of a wig-wag crossing signal, and failure of the engine-men on the train to give warning of his approach, as Shanahan drove his automobile across the tracks. There were several eyewitnesses of the accident, two of whom were in an automobile closely following that of Shanahan, and- who, when called as witnesses for plaintiff, described in considerable detail just how Shanahan approached the crossing.

Some of the evidence of these and other witnesses would tend to indicate that Shanahan, who was familiar with the crossing, continued to approach the tracks after he came within full view of the approaching train, and while he yet had opportunity to stop in a safe place. The answer alleged both contributory negligence on the part of Shanahan,…