Duffield

Plaintiffs, the surviving wife and children of Jesse D. Duffield, deceased, were given judgment for damages in the sum of ten thousand dollars for the death of the latter, alleged to have been caused by the negligence of defendants in the operation of a railroad train upon which he was a passenger. The defendants have appealed.

Appellants contend that they are entitled to a reversal of the judgment on the following grounds: (1) That the evidence does not show negligence on the part of defendants; (2) That it shows contributory negligence on the part of deceased; (3) That the court erred in refusing certain proposed instructions; (4) That the verdict is excessive.

The evidence shows that Harrington and Coyle are flag stations at which there are no buildings or lights, the latter being a mile north of the former. Deceased was a passenger on the northbound train from Sacramento to Coyle. He had purchased a ticket to Harrington only, as tickets were not being sold to Coyle. He requested the conductor to let him off at Coyle instead of Harrington 'and the latter agreed to do so, there being no other passenger for either place. The accident occurred shortly after 9 o’clock at night.…