Matiasick

Stella Matiasick, a minor, who sued by her guardian ad litem, appeals from an order granting a new trial in a case in which the jury rendered a verdict for four thousand dollars against the Pacific Electric Railway Company as damages for the death of her father.

The appellant’s father was riding in a buggy driven by another man. The buggy approached the railroad tracks of the defendant corporation at the rate of about four miles an hour, in the afternoon of December 17, 1916. 'The motorman in charge of the car of the defendant first saw the buggy when it was about fifteen feet from the railway tracks. He was then about two hundred feet from the crossing. He could see the buggy was approaching the track very slowly and that the men were paying no attention to the approaching car. He blew his whistle several times, but they paid no attention to it. He did not sound his bell. After he had blown the whistle he put on the emergency brake. He was “somewhere around two hundred feet from the crossing” and was traveling at about twenty-five miles an hour. He applied all the brakes available and was slowing down for the crossing and was “aiming to hit the crossing at about twenty miles an…