Choquette

Appeal by plaintiff from an order and judgment of nonsuit in an action brought by her against the Key System Transit Company and the Atchison, Topeka and Santa Fe Railway Company for the recovery of damages for personal injuries suffered by reason of being struck by a train of the latter company while in the act of crossing its track in the city of Berkeley.

The Key System Transit Company (hereinafter sometimes referred to as the Key System) operates a double track railway along and over certain public streets in the city of Berkeley, including part of Sacramento Street, using in such operation interurban trains and also ordinary streetcars. It does so by virtue of a franchise from the municipality. The Santa Fe Railway Company operates a single track of railroad for several blocks along Sacramento Street, also by virtue of a similar franchise, said track lying westerly from those of the Key System and both tracks being crossed by Ashby Avenue. At this avenue, or immediately adjacent to it, the Key System between its two tracks maintains a board sign bearing the announcement: “Key System. Ashby and Sacramento st. station. Sacramento St. Transbay Line.” Other than this sign there…