Green

This is an action prosecuted by Zoy Green, as administratrix of the estate of Harry Green, deceased, against the Southern Pacific Company and George A. Brown to recover damages for negligence which caused the death of the plaintiff’s husband, who was struck by a “gondola” car at a grade crossing on Osos Street, a public street in San Luis Obispo, the car at thé time being pushed by an engine then being operated by defendant George A. Brown. The verdict of the jury was in favor of the defendant Brown but against the defendant Southern Pacific Company. Judgment was entered against appellant in the sum of $21,500. While a motion for a new trial was pending this amount was, on suggestion of the trial judge and by consent of the plaintiff, reduced to the sum of $15,000, whereupon the motion for a new trial was denied. From this judgment the defendant Southern Pacific Company appeals.

Appellant contends that the verdict was not supported by the evidence in this, that the evidence without conflict established the truth of appellant’s plea that the injury to Harry Green, and his death resulting therefrom, were directly caused by his contributory negligence in failing to look before…