Carpenter

At the close of plaintiff’s evidence, defendant’s motion for a nonsuit was granted, and from the judgment entered .thereon plaintiffs have appealed.

Plaintiffs are heirs of C. M. Carpenter, deceased, who died from injuries alleged to have been sustained as a result of defendant’s negligent operation of a railway passenger train which collided with an automobile in which deceased was at the time traveling as a passenger.

It appears that Oak Street, in the city of Bakersfield, extends north and south, crossing at right angles the railway tracks of defendant, which at the time in question was operating a passenger train thereon from the west, while W. C. Gibson, in an automobile in which Carpenter was a passenger, was driving south on said street to a point which required him to cross the railway tracks in reaching the destination to which Carpenter had employed Gibson to take him. Gibson was at the wheel of his car on the left side thereof, and Carpenter was sitting beside him on the west side, from which the train was coming. In approaching the railway from the north on Oak Street the view of the railway tracks until within some thirty feet thereof was at the time more or less…