Scott

The plaintiff was given judgment for damages sustained in a collision of an automobile driven by him with one of defendant’s cars. The defendant has appealed.

The collision occurred in the city of Los Angeles, on Whittier Boulevard, which extends east and west and is seventy-five feet wide. The defendant maintains double tracks along the middle of the boulevard. The accident occurred about 2 o’clock in the morning. Immediately prior to the accident a work train of the defendant, consisting of an electric engine and three flat ears, had been moving westerly on the south track, the three flat cars being pushed ahead of the engine, which had a bright headlight on" the north side thereof shining “over and above the flat ears.” The evidence is conflicting as to whether the train was moving at the moment of the accident, but it was moving slowly, if at all. There was at least “a little bit of an oil light, a little red oil light that they had on the end of the flat car ... on the left side,” the north side. The plaintiff testified:

A witness who was riding with the plaintiff at the time of the collision testified that the headlight seemed to be on the north track; that “it was a very…