Gundry

This is an appeal from a judgment based upon the verdict of a jury and from an order denying a new trial.

The action arose out of a collision between a locomotive operated by the defendant and a truck and trailer operated by one McCormac; who was driving the same for the plaintiffs. The collision occurred in the city of Bakersfield on October 31, 1926. Plaintiffs alleged negligence in the following language:

The complaint also demanded $35 as the reasonable rental value of the trailer for fourteen days. The answer of the defendant denied all of the material allegations of the complaint.

.The undisputed facts are, that the defendant has three standard gauge railroad tracks across “F” Street, in the city-of Bakersfield; that “F” Street'is paved, is about fifty-five or sixty feet wide from curb to curb, with ten additional feet on each side for sidewalks, and the crossing is level; that at the time of the collision the weather was clear, the sun shining, the street dry, and the truck was in good condition and functioning properly; that the truck driver was approaching the railroad tracks from the north; that the engine pulling one car was west of “F” Street and moving easterly on…