Zipperlen

Action for damages for personal injuries. The verdict of the jury was in favor of plaintiffs for the sum of $4,125.00, and, agreeably to said verdict, judgment was entered in their favor for that sum. The appeal, supported by a bill of exceptions, is from said judgment.

The defendant corporation, at the time plaintiff, Mrs. Zipperlen, received the injuries for which reparation in damages is sought through this action, operated a steam railway through and over certain public streets in the city of Fresno.

On the thirteenth day of February, 1900, said plaintiff was traveling in a conveyance, drawn by a single horse, along Tuolumne street, in said city. The complaint alleges that said street was “a regularly laid out, open and traveled public highway in the said city of Fresno from the west part of said city to the east part thereof,” and that said street crosses the railroad tracks of defendant at a point between G and H streets in said city. While the plaintiff was attempting to cross said tracks on said Tuolumne street, the vehicle in which.she was riding was struck by a locomotive or “yard engine,” used by defendant for “switching purposes,” with the result that she was thrown…