Thuet

The plaintiff in this action, a minor, had judgment against the appellant in the sum of $6,000, for and on account of injuries sustained when an automobile in which he was riding as a guest was struck by a train belonging to and operated by the appellant.

The record shows that on or about the twenty-seventh day of June, 1928, the plaintiff, a minor, was a passenger and guest in a model “T” Ford automobile driven by his father. The automobile was being driven southerly along the state highway south from the city of Redding, until it reached a point known as the “Olney Creek” railroad crossing. At this place the automobile was stopped until other automobiles traveling on the same highway had passed by, when the automobile in which the plaintiff was riding was turned to the left for the purpose of crossing the tracks belonging to the appellant. The record shows that the automobile was stopped at a point about 90 feet from the crossing. From this point the automobile was driven in an easterly direction, and upon reaching the crossing was struck and demolished by a passenger train running northerly, and the plaintiff severely injured.

The complaint alleges, and there is testimony in…