Griswold

The • plaintiff appeals from a nonsuit judgment in an action for the death of his wife, personal injuries to himself, and injuries to the automobile he was driving when it was struck by an electric train at a grade crossing in Los Angeles County. The nonsuit was granted solely on the ground of the plaintiff’s contributory negligence. Three questions of law only are presented. The first is as .to the technical sufficiency of the motion for' nonsuit. Its determination is in no sense involved with the facts of the ease. The second is as to the technical propriety of the defendant’s pleading. Its determination in no way depends on any facts in the case. The third is whether the evidence of what occurred immediately preceding and up to the very instant of the accident, stated most strongly for the plaintiff, was such that in view of the law applicable to such cases reasonable men could reach but one conclusion concerning the caution or lack of caution of the plaintiff in approaching the railroad track. The determination of this question in no way depends on the deplorable and most distressing results of the accident, and their consideration or statement could serve only to create a…