Giannini

This is an appeal from a judgment entered upon the verdict of the jury awarding plaintiffs thirty thousand dollars damages for the death of Pete Giannini, which occurred in a crossing accident on September 15, 1925, near Kingsburg, in Fresno County. The action was brought by Lena Giannini, the surviving wife of Pete Giannini, on her own behalf, and as guardian ad litem of their two children, Leroy Giannini and Eugene Giannini. It is one of those unfortunate occurrences which arise by reason of the failure of automobile drivers to appreciate the danger involved in crossing railway tracks without observing the duty imposed upon them by law to stop, look and listen before proceeding upon such tracks ■—which are themselves signs of danger.

The scene of the accident was near the packing-house of the Kingsburg Fruit Growers. At this point the state highway runs approximately north and south. To the east and parallel with the state highway is the main line of the Southern Pacific Company through the San Joaquin Valley, connecting San Francisco and Los Angeles. To the west of the state highway is a spur-track of the railway company maintained for the purpose of affording railway service…