Pacheco

Plaintiffs sued as heirs of Antonio Pacheco, deceased, for damages for his death caused in a collision with a train operated by defendants. At the close of plaintiffs’ ease a nonsuit was granted. Plaintiffs appeal upon typewritten transcripts.

Deceased was operating an automobile truck southerly on Grove Street at the intersection with Seventh Street in the city of Oakland. Defendants were operating an electric suburban train westerly on Seventh. Seventh Street is 60 feet wide. Grove is 45 feet wide. Both streets were paved with asphalt and were practically level. The day was clear and the streets were dry. At the point of collision the railway company had maintained a double track system for more than fifty years, operating thereon both steam and electric trains. The approach of these trains was visible for more than a mile easterly of the intersection. Before the collision the city authorities had made Seventh Street an arterial and red “stop” signs were maintained at the appropriate corners. As deceased approached the intersection he stopped or slowed down before entering the arterial, but from that point on continued without stopping and without change of speed directly in…