Smellie

The plaintiffs recovered judgment for damages for the death of Robert S. Smellie which resulted from a collision between a passenger train and an automobile in which he was riding as a guest. The Southern Pacific Company has appealed.

At the time of the accident which resulted in the death of Robert S. Smellie, he was riding as a guest in a Reo truck which was being driven by the owner thereof. The truck was struck by a passenger train at a crossing in the city of Madera. It was then broad daylight. The atmosphere was clear and the pavement was dry. The train was entering the station from the south. It was traveling on the main track at a rate of speed of from twenty-five to sixty miles an hour. A side-track extended parallel with the main track at a distance of about thirteen feet westerly therefrom. A freight train had just passed the crossing traveling in a southerly direction. The freight train obscured the view of the driver of the truck. The deceased said: “It’s all clear, let’s go.” Thereupon the truck passed the rear end of the freight train and drove on to the main track, where it was struck by the north-bound passenger train. Smellie was killed and the driver of the…