Christianson

Appellant’s wife, Rose Mary Christianson, and his minor daughter, aged six, were killed instantly in a collision between a train operated by the respondent railroad company. and an automobile driven by Mrs. Christianson, which occurred about 9 o’clock on the morning of December 3, 1930, in Palo Alto, at the Churchill Avenue crossing; and by reason thereof appellant brought these two actions for damages. They were consolidated for trial and at the conclusion of the evidence the trial court held as matter of law that negligence on the part of appellant’s wife contributed proximately to the happening of the accident, and accordingly the jury was instructed to find for the respondents. Such verdicts were returned and from the judgments entered thereon this appeal is being prosecuted.

There is no conflict as to the essential facts. The Christiansons lived in Palo Alto, on the west side of and approximately 200 feet from the main line double tracks of said company, where the accident occurred; and from their home they had a clear view of said tracks and knew of the operation of trains thereover. It was customary for Mrs. Christianson to drive her daughter to school every morning, and…