Stefanich

This is an action for damages caused by a freight-car of the defendant running into and damaging an autotruck belonging to the plaintiff. The case was tried by the court without a jury. It found that the accident was caused solely and alone by the contributory negligence and want of care of the driver,of the truck; that he care lessly and negligently attempted to cross the tracks without looking or listening for approaching cars, which were in plain view, and that if he had looked he would and could have seen the approaching cars in ample time to have stopped the truck and prevented the accident. Judgment was entered in favor of the defendant, from which this appeal is taken.

The facts are not disputed. The accident happened at a point where some sixteen main line and side tracks of the defendant railroad company cross Eldorado Street, in the city of Fresno. By ordinance of the city the railroad was required to keep a flagman at this crossing, but at the time of the accident the flagman was absent from his place of duty. In the evening of the 10th of May, 1919, a loaded autotruck belonging to the plaintiff was driven by one Jack Walton along Eldorado Street, going east. He…