Hoffman

This is a rehearing from an opinion rendered in an appeal from a judgment for damages for injuries which were sustained in a railroad crossing casualty. The facts are related in greater detail in the opinion which was rendered in an appeal from a former judgment in the same case reported in 84 Cal. App. 337 [ 258 Pac. 397 ], i

The defendant Southern Pacific Company’s Oakdale branch of its railway system' extends from Merced to Stockton through an open, flat country. According to schedule the regular passenger train left Merced daily at 7 o’clock A. M., but on the morning of the accident this train was about 25 minutes late in leaving Merced. The plaintiff resided on the Cox' Ferry highway, three miles from Merced for more than a year prior to the accident and was therefore familiar with the train schedule. In the locality of plaintiff’s home this highway paralleled the railway track at a distance of 50 feet therefrom. On the morning of the accident a dense fog prevailed, obscuring the landscape so that it was difficult to discern an object more than a hundred feet distant. At 7:30 o ’clock the plaintiff in his Buick automobile, accompanied by a companion by the name of Hawkins,…