Reger

This appeal is from a judgment in favor of plaintiffs for damages sustained in a railroad crossing accident.

Defendant’s railroad runs north and south through the city of Chico. Fifth Street crosses the railroad at right angles. Defendant’s depot is immediately north of the street and its west wall is forty-four and one-half feet east of the easterly rail of the main-line track. Projecting from the west wall is a small extension window. Prom the photographs brought up, it appears that the distance from the west side of the window to the nearest rail is at least forty feet. The accident occurred in the middle of the afternoon. As the south-bound train was drifting in on the main line at a speed, according to the varying estimates of the plaintiffs’ witnesses, of from five to fifteen miles an hour, Mrs. Reger, one of the plaintiffs, approached the crossing from the east in an automobile driven by herself. The side curtains were in place. About fifty feet east of the track, where her view to the north was obstructed by the depot, she brought her automobile almost to a stop. The defendant’s baggageman, R. A. Betz, who was at the north edge of the street near the main track with a…