Dunbar

This is an action for damages for personal injuries sustained by the plaintiff in a collision between a street-car of the corporate defendant and a horse-drawn vehicle driven by the husband of the plaintiff. The collision occurred in Oakland at the junction of Grand Avenue and El Embarcadero, a thoroughfare emerging from said avenue. The first-named street runs in an easterly and westerly direction, and the other approximately north and south. The plaintiff alleges in her complaint that she was injured as the result of the negligence of the defendants in operating a street-car at said junction at an excessive and dangerous rate of speed and without giving any warning of its approach by gong or otherwise. Both the corporation and its codefendant—the motorman driving said car—deny the negligence charged or any negligence; and as a separate defense they allege that the plaintiff’s injuries were the result of her contributory negligence consisting in the fact that she failed to ascertain whether or not a street-car was approaching before attempting to cross the car track, or to warn the driver of the horse and buggy to do so, and that the plaintiff failed and neglected to display…