Fisher

Appeal by Edith Fisher and Ralph W. Fisher, her husband, from an order of nonsuit and judgment entered thereon in the superior court of the city and county of San Francisco' in favor of respondent, Southern Pacific Company, a corporation, and against appellants.

The action was brought by appellants to recover damages on account of personal injuries received by appellant Edith Fisher, alleged to have been caused by the negligence of respondent. Respondent denied the alleged negligence and pleaded the negligence of appellant, Ralph W. Fisher, as a proximate contributing cause of the damage alleged.

The evidence in substance was as follows: On January 3, 1921, at about 3:40 o’clock P. M., appellants were traveling in an automobile driven by Ralph W. Fisher in a southerly direction on a paved highway at a point near Maxwell, in Colusa County. The right of way and tracks of respondent run parallel with the highway north and south at the point mentioned, the westerly line thereof being the easterly line of the right of way of the highway. On the date mentioned respondent was engaged in burning dry weeds and tules which had grown upon its right of way between the tracks and the east…