Pietrofitta

This is an appeal from a judgment for personal injuries which were sustained by the respondent in a railroad crossing collision.

The defendant’s railroad track extends southerly from Redding in a straight and substantially level course for a distance of at least five miles. The railroad right of way is 100 feet in width and is fenced on either side. At the place where the accident occurred the state highway runs parallel and adjacent to the railroad right of way on the westerly side thereof. The plaintiff owned a small ranch situated four and a half miles south of Bedding and east of the track. A private roadway led at a right angle from the state highway across the railroad track. This was called the Pietrofitta crossing. Gates were maintained in the right of way fences on either side which communicated with this private way. These gates were frequently left open. This was so on the occasion of the accident. At the point where the accident occurred, and for a considerable distance on either side therefrom, the railroad track was constructed on a fill which was elevated about two and a half feet above the surface of the ground. This private roadway across the railroad track was…