Miller v. Pacific Electric Railway Co.

In this action plaintiffs charge that on July 29, .1921, William Lee Miller was billed by a Pacific Electric train at the intersection of Eighth Street and American Avenue in the city of Long Beach while he was riding in an automobile as a guest of his father-in-law. At the commencement of the trial a map of the locality where the accident occurred was offered and received in evidence as Defendant’s Exhibit 1, and all parties to the action stipulated that the map was a correct representation of the intersection of Eighth Street and American Avenue and immediate vicinity and that the measurements thereon were correct. The map shows that American Avenue from east to west curb lines is approximately ninety-six feet and that the double-track railroad of the defendant occupies approximately twenty feet in the center of the avenue, leaving two roadways, one on either side of the tracks, approximately thirty-eight feet wide from curb to rail. The evidence showed that a five-ear train of the defendant was proceeding southerly along American Avenue and that the automobile in which deceased was riding was proceeding westerly on Eighth Street, which is fifty feet wide from curb to curb. The…