Davis

This appeal originally taken to the Supreme 'Court from a judgment of the Superior Court of Imperial County in favor of the defendant, has been transferred to this court for decision.

The action was brought by the plaintiff, Valley Lumber Company, to recover damages for the destruction of a Ford automobile valued at six hundred dollars, through a collision with a train of the Southern Pacific Company, while said railroad company was being operated under the control of the government of the United States.

The federal control of this railroad was terminated by act of Congress on March 1, 1920, before the original complaint herein was filed. The Transportation Act, approved February 28, 1920, was, however, then in effect, and authorized the maintenance of such an action under and within the time prescribed by section 206a of said act ( 41 Stat. 461 , 49 U. S. C. A., sec. 74(a), as follows:

“Actions at law, suits in equity and proceedings in admiralty, based on causes of action arising out of the possession, use or operation by the president of the railroad or system of transportation of any carrier (under the provisions of the Federal Control Act, or the Act of August 29, 1916),…