Downing

This is an appeal from a judgment and order awarding plaintiff damages suffered by him as the result of the death of his father, who was killed in a collision between an automobile driven by the father and a passenger train operated by the defendant Southern Pacific Company, at the Olney Creek crossing about four miles south of Red-ding.

The collision occurred at about 8:30 o ’clock on the evening of June 11, 1931, and resulted in the death of the driver William Downing, the father of plaintiff, the mother of plaintiff, an elder brother, and serious injuries to a guest, Miss Fitzpatrick.

The collision occurred at a point where the river road, upon which decedent was driving, crossed at right angles over the single main track of the Southern Pacific Company. The railroad runs in a general northerly and southerly direction, paralleled on the west by the main state highway and on the east by what was referred to as the county road. The railroad tracks are about one and one-half feet above the surface of the roadwmys. The night of the collision was dark and cold, and plaintiff’s father, mother, brother and Miss Fitzpatrick had driven from Redding to the home of a Mr. Hinman. About…