Meredith

This cause is before us on appeal by the plaintiff from a judgment entered in favor of the respondents in an action prosecuted to recover damages for the death of the husband of the plaintiff resulting from a collision between an automobile driven by the deceased and a train operated by the Key System Transit Company.

The record shows that on the morning of November 21, 1923, the deceased was driying in a westerly direction on Forty-sixth Street in the city of Oakland. That Forty-sixth Street is intersected by a certain other street known as and called Linden Street, upon which latter street the Key System Transit Company maintains two sets of double railroad tracks, that is, four different tracks. Linden Street, where it crosses Forty-sixth Street, extends in a northerly and southerly direction. At the intersection of Forty-sixth and Linden Streets the roadway and the rails of the railroad are practically flush, but northerly therefrom the ties on which the rails are located are visible and the rails themselves all stand above the surface of the street. Cross-arms and other silent warnings are shown by the testimony to be located on the intersection referred to showing the…