Schooley

This is an appeal by the defendant from a judgment against it for thirty thousand dollars. The plaintiff is the administratrix of the estate of C. P. Schooley, deceased, and sues to recover for the death of her intestate caused by the alleged negligence of the defendant in the operation of its street railway.

The complaint charged that deceased was run over and killed by one of defendant’s street-cars at a point near the westerly intersection of M and Tulare Streets, in the city of Fresno, and alleged that his death was caused by defendant’s negligence. The alleged negligent acts were specified in six different subparagraphs, substantially as follows:

The defendant denied each specification of negligence and alleged that the collision and resulting death of the deceased were brought about by his own contributory negligence.

The place of the collision is in the business district of the city of Fresno and the point where Schooley was attempting to walk across the track was not upon a regular crossing, nor at a place provided for or used by pedestrians in crossing the street-car tracks. Tulare Street is one of the principal business streets of Fresno, running generally east and…