Christman

Action to recover damages for personal injuries which the plaintiff received by reason, of a collision between a motor truck operated by the plaintiff and a gasoline motor car operated'by the defendant. At the close of the plaintiff’s evidence defendant moved for a nonsuit on the ground that the testimony showed that the plaintiff was guilty of contributory negligence which was the proximate cause of the accident. This motion was granted and the plaintiff appeals from the judgment.

Stating the facts as favorably to the plaintiff as they can be under the evidence, they are as f ollows: On the seventh day of February, 1914, the defendant was a common carrier of passengers and freight for hire, and operating a line of steam railroad carrying passengers and freight and running from the city of Los Angeles through and east of Norwalk in Los Angeles County. At the town of Norwalk the railroad track runs east and west across a certain public highway running north and south. At about noon of that day the plaintiff was driving an auto truck along the highway and was moving toward the railroad track, in a southerly-direction. At the same time the motor car of the defendant was approaching…