Alloggi

At about 10 o’clock in the evening of September 19, 1913, the plaintiff, Achille Alloggi, and his wife, Leonie Alloggi, while riding in their automobile along San Salvador Street, in the county of Santa Clara, attempted to cross a spur-track leading from the right of way of the Southern Pacific Railroad Company into the yards of the Peninsular Railway Company, and in so doing the automobile which the plaintiff was driving came into collision with one of a train of several flat cars that was being switched by the defendant, the Southern Pacific Railroad Company, across San Salvador Street and into the yards of the Peninsular Railway Company. The collision resulted in the death of the wife of the plaintiff. Plaintiff thereafter sued and recovered a judgment for the sum of ten thousand dollars against defendants. Prom this judgment and from the order denying a new trial, the defendants appeal.

It is contended that the evidence adduced upon the whole case does not suffice to support the finding of the jury, implied from the verdict that the defendant, the Southern Pacific Railroad Company, was guilty of negligence which approximately caused the collision. The first point urged in…