Correa

The plaintiff commenced an action against the defendant to recover a judgment for damages by reason of injuries suffered in a collision between" his automobile and an interurban train operated by the defendant. The case was tried before the court sitting without a jury. The court made findings in favor of the plaintiff and entered a judgment in the plaintiff’s favor. From that judgment the defendant has appealed and has brought up the judgment-roll and a bill of exceptions.

The accident occurred near Melrose station on the Southern Pacific right of way in Alameda County on the twenty-seventh day of February, 1920. The plaintiff, accompanied by a young lady, was driving on East Fourteenth Street westerly toward the city of Oakland. As he approached the crossing of that street with Forty-seventh' Avenue one of the trains of the defendant was standing at the station. As a witness in his own behalf the plaintiff testified that the train was an interurban electric train and that it was equipped with apparatus that from the casual inspection of a passer-by it could not be ascertained whether the train was to move north or to move south. He said that he had been and was engaged in…