Lewis

The plaintiff brought this action against the defendants to recover damages for injuries sustained by him when struck by an electric car operated by the defendant corporation, which will be referred to herein as the defendant. The jury returned a verdict in favor of the defendant and the plaintiff has appealed from the' judgment entered thereon.

The defendant operates a double track electric railway between Los Angeles and Pasadena. For several hundred feet in both directions from the scene of the accident the tracks are upon the defendant’s private right of way, which is about 34 feet in width and lies immediately west of Pasadena Avenue and in the city of Los Angeles. The distance between the tracks is 9 feet 10 inches and the distance between the rails of each track is 5 feet 9 inches. The distance between the westerly curb of Pasadena Avenue and the nearest rail is approximately 7 feet. Pasadena Avenue is 59 feet in width. At the place of the accident the defendant maintains cement platforms, about 53 feet in length, between the outer rails and the boundary lines of its right of way, with seats upon the westerly platform for the use of passengers. These platforms, referred to…