Bissett

This is an appeal by the plaintiff from a judgment entered against her after the court had granted the defendant’s motion for a nonsuit at the conclusion of the evidence, offered by the plaintiff. This motion was granted upon the ground that the evidence showed contributory negligence as a matter of law on the part of Ulster Bissett, deceased, the son of the plaintiff, for whose death damages were sought by his mother upon the ground that her son’s death was caused by the negligence of the defendant.

The Growers Rice Milling Company, hereinafter- referred to as the Milling Company, occupied four acres of land at South San Francisco, San Mateo County, California. On „ the north line of the premises and extending in an easterly and westerly direction about four 'hundred to five hundred feet is a picket fence ten feet high. Near the center of the fence is a gate twelve feet wide used for ingress to and egress from the premises. Through this gate extends a dirt road, leading from the inclosure over a railroad track (hereinafter described) and extending to Swift Avenue, which is a public thoroughfare. This dirt road is a private road used only for the business of the Milling Company.…