Switzler

(For convenience, the plaintiff in this action will be referred to as the “plaintiff,” and the three appellants, simply as “appellants.”)

The plaintiff had judgment against the appellants in an action prosecuted by her against the appellants and the defendant Leo F. Sweem, to recover damages suffered by reason of a collision between an automobile driven by the defendant Leo F. Sweem, and an engine drawing a train of cars belonging to the Atchison, Topeka and Santa Fe Railway Company, and operated by J. J. Scott, as engineer, and 0. A. Parks, as fireman.

The complaint alleges that the automobile was driven carelessly and negligently by the defendant Leo F. Sweem, and that the train belonging to the Railroad Company was operated carelessly and negligently, at an excessive rate of speed, and without warning, through and over the public streets of the city of Stockton; and further, that no sufficient and adequate warning signals were placed, maintained or in operation at the crossing where the collision involved in this action, occurred.

The record shows that a collision occurred between an automobile driven by the defendant Leo F. Sweem, in which the plaintiff was riding as a…