Rayhill

Defendant appealed from a judgment awarding damages to the plaintiff on account of the loss of an automobile which was struck by a train of the defendant. Appeal is also taken from an order denying defendant’s motion for a new trial. The evidence is presented by bill of exceptions, and it is claimed that the proof was insufficient to justify the verdict of the jury and that the court should have granted the motion of defendant for judgment of nonsuit. The questions so presented depend for solution upon the proposition as to whether upon the evidence introduced on behalf of the plaintiff or upon the whole evidence, it should be concluded that the plaintiff was guilty of contributory negligence. In our opinion, the case presented is one where the plaintiff, measuring her acts by all of the testimony favorable to her case, failed to use such precautions for the safety of her property as is required of a reasonably prudent person under the circumstances shown. The plaintiff’s automobile was wrecked at a point near the town of Claremont and while upon a roadway known as Ramona Avenue, which crosses the tracks of the defendant at right angles. These tracks at that point run in an…