Jones

That the evidence shows, as a matter of law, that the plaintiff was guilty of contributory negligence is the only point raised upon this appeal from a judgment, entered in favor of the plaintiff upon the verdict of a jury in the sum of one thousand dollars, as damages for personal injuries resulting to the plaintiff from a collision, occurring in the city of Oakland, between a taxicab, which the plaintiff was driving, and an electric train operated by the defendants.

Appellants concede, for the purposes of this appeal, that defendants were guilty of negligence, in that, on the night of, and at the time and place of, the collision the defendants were operating an electric train at a high rate of speed; that plaintiff had no warning of the approach of the train in question by bell, whistle, or otherwise, and that the defendants usually maintained a flagman at the street crossing where the collision occurred, but that no flagman was on duty at the time of the collision, or if he was, he failed to signal the approach of the train.

The record discloses evidence tending to show that the acci- ' dent happened at the intersection of Eleventh and Webster Streets, Oakland; that both of…