Ilardi

The action was brought to recover from the defendant, Central California Traction Company, damages for its negligence in causing the death of Gandolfo Ilardi, the father of plaintiff, who, at the time of the commencement of the action, was about eleven years of age. The defendant, Rosa Ilardi, is the widow of the deceased and the stepmother of plaintiff. She was joined as a defendant, for the reason, as stated in the complaint, that she had refused to join as a party plaintiff. She made no appearance in the action and her default was duly entered, but she is not affected by the judgment, which was against the defendant, Central California Traction Company, for the sum of three thousand five hundred dollars. The appeal is by said company from the judgment.

Appellant owns and operates an inter urban electric railroad between the cities of Sacramento and Stockton, carrying passengers and freight between said cities and way stations. Running southerly from Sacramento, for a distance of more than half a mile, trains are operated over a single-track road on the east side of, and parallel with, a public highway known as the Upper Stockton Road, which road is paved along its center with…