Phillips

This is an appeal from a judgment of nonsuit granted solely upon the ground of alleged contributory negligence on the part of appellant, in an action for damages for personal injuries sustained in being run over by an electric car while attempting to cross respondent’s tracks at the city of Venice.

The respondent railroad corporation owns and operates double tracks of electric trolley car lines adjacent to and parallel with the ocean shore from Santa Monica southerly through and beyond Venice. In the vicinity of Venice, where the accident occurred, the trolley right of way is about sixty feet in width, and at this point contains three lines of tracks, the rails of which are spiked to ties which rest upon loose ocean shore sand which is common in this vicinity. The rails extend above the ties a distance of about three inches. The main north and south bound tracks are some sixteen feet apart at this point. Along the extreme easterly portion of this right of way a third track has been maintained for more than ten years as a side-track, upon which it was the custom of respondent railroad company to station cars during the night, and at times when the traffic did not demand their…