Gregoriev

Respondent’s sedan automobile was struck

and demolished by one of the appellant’s trains on June 18, 1925, at a grade crossing between Guerneville and Rionido station, Sonoma County, and as a result of the collision respondent, who was driving the sedan at the time, sustained an injured skull, his wife was killed and his two daughters and a son, aged twelve, eleven, and six years, respectively, who were the other occupants of the machine, were more or less injured, one of his daughters having suffered a fractured spine. Thereafter respondent commenced this action for damages and upon trial before a jury was awarded a verdict, the amount of which was reduced by the trial court on motion for a new trial, to which reduction respondent consented; whereupon judgment for the reduced amount was entered in respondent’s favor, from which judgment the Railroad Company has appealed.

The complaint alleged and evidence on behalf of respondent was adduced at the trial to prove that the collision was proximately caused by the Railroad Company’s failure to maintain said crossing in a safe condition, and by the negligent operation of its train thereover. Appellant makes no point on this appeal…