Robbins

This being an appeal from a judgment of nonsuit it is unnecessary to review the evidence except in so far as it tends to establish facts favorable to appellant’s contention that the death of her husband was caused by respondents’ negligence. With this thought in mind and ignoring all contradictory evidence we may thus state the situation as it was presented to the court below on respondents’ motion for a nonsuit:

The accident which resulted in the unfortunate death of Joseph M. Robbins occurred at 6:05 P. M. of February 24, 1926, at Prestolite Crossing, a public thoroughfare in the city of Los Angeles. At this point the Southern Pacific maintains four lines of railroad tracks running in an easterly and westerly direction which are crossed by an oiled rock road. On the night in question the deceased was driving a Dodge truck, towing a Chevrolet car, in a northerly direction along the above-mentioned road when his truck was struck by a Southern Pacific locomotive running from west to east on the. third track from the south and driven by respondent Baker, an engineer in the employ of respondent railroad company. View of the tracks was obstructed by box-cars, of which there were four…