Ogburn

This is an action for damages for personal injuries received by the plaintiff in a collision between an automobile driven by her, and a railroad train operated by defendants. A nonsuit was granted by the trial court on the sole ground of the contributory negligence of the plaintiff, and the only question here presented is whether such negligence may be imputed to her as a matter of law, under the facts shown.

Viewing the evidence in the light most favorable' to appellant, the following facts appear: The accident occurred at a point where the single track of the respondent railroad crosses Seventeenth Street in the city of Santa Ana, which point is within a mile of the railroad company’s depot, in said city. The appellant was driving westerly in a Ford coupe on Seventeenth Street, a paved and busy street, about 3 o’clock in the afternoon. Her car was struck by a train operated .by the respondents, consisting of a steam engine and five ears, which was entering Santa Ana from the north, at a speed of about forty miles per hour, and, as testified by the engineer, the engine was not “working steam” but was “drifting”. There was evidence that no bell was rung, and that no whistle was…