Purtell

This action was instituted for the purpose of recovering damages for the death of James W. Purtell alleged to have been caused by the negligence of the defendant in the operation of an interurban train running between Los Angeles and Redondo. The trial court granted a motion for a nonsuit on the ground apparently that the testimony established contributory negligence on the part of the decedent. This is an appeal from the judgment.

The accident occurred March 28, 1928, about five minutes before 7 o’clock in the morning at the intersection of Cedar Avenue in Hawthorne and the right of way of the respondent company. The car of the respondent was going east and the deceased was traveling south on Cedar Avenue in his automobile. The intersection of the street with the railroad line was marked by the cross-arms customarily employed to designate such a crossing with the words “Railroad Crossing—Look Out for the Cars” in large letters painted thereon. The deceased was observed on several previous occasions to have passed the place driving the automobile used by him on the unfortunate occasion. Immediately prior to the accident he was seen about 100 feet north of the crossing driving at…