McClure

In this action plaintiff, as administrator, sought to recover damages for the death of his intestate, Robert W. Guard, which is alleged to have, been caused, by the negligence of defendant in the maintenance of a railway track over which it at the time carelessly and negligently operated a train which collided with the deceased and an automobile in which he was traveling. In addition to denials," the answer alleged contributory negligence on the part of deceased.

A jury before which the case was tried rendered a verdict in favor of plaintiff, in whose favor judgment was entered and from which, and an order denying defendant’s motion for a new trial, this appeal is prosecuted.

The sole contention made in appellant’s brief is that the evidence is insufficient to justify the verdict of the jury.

The accident occurred at a point in that part of the city of Los Angeles known as San Pedro, where defendant’s railway track crosses Fourteenth Street at its intersection with a highway extending north and south known as Beacon Street. The railway track, following the line of a curve and over an elevation, enters Beacon Street on the east side thereof at a point north of Fourteenth Street…