Ellis

On the twenty-eighth day of September, 1915, plaintiff was a passenger for hire on an automobile stage owned and driven by one Sam Ebel, traveling from Stockton to Lodi, along a public highway known as the “Cherokee Lane.” At a point about three miles from Stockton, where the highway crosses the railroad track of defendant, the automobile collided with one of defendant’s trains, which consisted of two cars. Plaintiff received injuries in the collision and brought the action to recover damages therefor. A jury returned a verdict in his favor for one thousand seven hundred dollars and judgment was entered against defendant for that amount, from which judgment defendant prosecutes this appeal.

Briefly stated, the facts are: The crossing where the accident occurred is an exceedingly dangerous one. Going in a northwesterly direction, Cherokee Lane crosses defendant’s railroad and immediately turns to the north. There are some trees, with dense foliage, immediately adjoining the right of way, which prevent a full view of the track. It is a place where it should be imperative that the driver of a vehicle should heed the admonition to “stop, look, and l'.'.ten.” The testimony, as well as…