Lindsey

This is an appeal from a judgment entered in favor of respondents for damages resulting from the death of Peady Gilbert Lindsey. The case was tried before a jury.

Respondents are the widow and minor children of Peady Gilbert Lindsey, deceased, who was killed at about 8:20 o’clock on the morning of March 20, 1928, in a collision between a truck which he was driving north on Heilman Avenue, and a west-bound work train of the Pacific Electric Railway Company operated by A. V. Ringo as motor man. The accident occurred at the crossing of the railway company’s single track road over Heilman Avenue, a public road in San Bernardino County. Heilman Avenue runs north and south and is crossed at an acute angle by the railroad track which runs from northeast to southwest on the company’s right of way which is privately owned. The roadway on Heilman Avenue approaches the railway crossing on an ascending grade of about two per cent from the north, and about three and one-half per cent for about two hundred feet from the south. At the time of the accident there was an earth bank about four feet high on the east side of Heilman Avenue south of the crossing and on the right of way extending…