Martin

pro tem.—On the fifth day of February, 1917, the plaintiff and one Clyde H. Vincent were traveling eastward in an automobile on Oak Street, in the city of Red Bluff, county of Tehama, and, in so doing, reached a point on said street crossed by the tracks of the defendant • company. There a collision occurred with a gasoline motor-car being propelled northward on the tracks of said company, in which collision Vincent was killed and the plaintiff seriously injured. Plaintiff brought suit to recover for the losses incurred. The action was tried before a jury. A verdict was rendered for seven thousand five hundred dollars, and from the judgment entered thereon, and the order denying defendant’s motion for a new trial, defendant prosecutes this appeal.

It appears from the evidence that on the morning of the day in question the plaintiff, then being at the town of Coming, about twenty miles south of Red Bluff, engaged the services for hire of the said Clyde H. Vincent to transport him by automobile to the town of Red Bluff. The automobile was a five-passenger car, owned by the said Vincent, and was at all times on said trip operated and managed by him alone. The plaintiff occupied a…