Zimmerman

An action to recover upon a policy of insurance against accident issued to Albert T. Meyer in his lifetime, the indemnity for loss of life being made payable to his estate.

The parties filed an agreed statement of the facts, together ■with photographs showing physical conditions at the scene of the accident. It appears that the insured on January 29, 1927, in the daytime and immediately before receiving the physical injuries which caused his death, was operating a motorcycle at a speed of twenty-five miles per hour in an easterly direction along Twenty-eighth Street in the city of Oakland. This street crosses Poplar Street upon which the Key System Transit Company maintains a double-track railroad, over which trains are operated by electricity. Cross-arm warning signals were maintained at the crossing. In approaching Poplar Street from the east along Twenty-eighth Street the view to the north is obstructed until a point about thirty feet east of the tracks is reached. The motorcycle was about this distance from the track when a train from the north reached and was moving across the intersection. The motorcycle collided with the side of one of the cars of the train, causing the…