Lucchese

The plaintiff commenced an action against the defendants to recover a judgment for damages for injuries sustained in a collision. Both defendants answered and the trial was had before the trial court sitting without a jury. The trial court made 'findings in favor of the plaintiff and each defendant has appealed separately and each has brought up a typewritten record including the original exhibits.

Appeal of San Francisco-Sacramento Railroad Company.

On the afternoon of the twenty-third day of December, 1927, John Spingola was driving his truck on which he had a load of furniture. He was seated on the left-hand side and the plaintiff, his helper, was seated at his right. The cab of the truck had a glass window in front and on the right-hand side it had a door. The door was closed and on the right-hand side an ordinary automobile curtain was fastened down. The curtain had a small square look-out which resembled glass but was an imitation. After the truck left Bay Point in Contra Costa County it proceeded toward Oakland. In a short distance the highway on which it was traveling crosses the railroad track of the defendant. When the truck was approximately fifteen hundred feet from…