Heitman

An action to recover damages for death by negligence. General verdict and judgment in favor of plaintiff for the sum of $4,000, and defendant appeals from the judgment and an order of the superior court denying its motion for a new trial.

Plaintiff sues as the widow of Theodore J. ITeitman, who was fatally injured on April 1, 1906, while riding on a wagon drawn by mules on and along a road or street in the city of Long Beach, known as Anaheim road; the driver of the team being one W. E. Caseboom, who was associated with Heitman in the transfer business. Anaheim road ran east and west and was intersected and crossed by the car tracks of the electric railway line of the defendant, which ran over and along a private right of way extending north and south, from said Anaheim road and crossed it at right angles. When the team, which was traveling westerly, reached the crossing of the railway track, one of the defendant’s cars propelled by electricity approaching from the south struck the mules, carrying them with the wagon and occupants some sixty or seventy feet into a cut through which the railway ran at this point, throwing Heitman from the wagon and so injuring him that he died…