Lobbett & Dean v. Oakland, Antioch & Eastern Railway

This is an action for damages arising out of a collision 'between plaintiff’s motor truck and an interurban train of the defendant, as a result of which plaintiff’s truck was badly damaged. The scene of the accident was at the crossing of Shafter Avenue, over which defendant has a right of way, and Cavour Street, in the city of Oakland. The crossing is at grade and both streets are practically level at that point. There was practically no conflict of evidence upon the trial, and the facts, briefly stated; are as follows: Plaintiff’s driver, who admitted that he was perfectly familiar with the crossing in question and had frequently seen trains of the defendant pass by at that point, was driving a five-ton truck, loaded with rock, westerly along Cavour Street, at the rate of about eight miles per hour, about the maximum speed of the machine when loaded. When about thirty-three feet from the crossing he threw out his clutch, and after he had gone about eight feet farther, he saw defendant’s train approaching. He immediately put on both brakes in an endeavor to stop, but was carried by the momentum of the heavy load to a point two feet from the nearest rail of defendant, and within…