Aydlott

This is an appeal from a judgment upon a verdict in favor of plaintiff and against the defendant for damages for personal injuries alleged to have been sustained by plaintiff when she was run over by one of defendant's trains on January 10, 1927.

The complaint contains three causes of action. The first in substance alleges, that on January 10, 1927, and for some time prior thereto at the intersection of Shattuck Avenue and Blake Street in the city of Berkeley, defendant failed and neglected to pave or fill in the ground between its tracks or to beep the same flush with the surface of the street; that there "were depressions and holes alongside the track; that by reason thereof the tracks, street and station were unsafe and dangerous; that on the date mentioned plaintiff walked toward the track for the purpose of taking passage on one of defendant’s trains and tripped and fell by putting her foot in a depression and hole so that the wheels of the first car passed over both her legs, mangling and crushing them to such a degree that both had to be amputated.

The second cause of action alleges that by virtue of an ordinance of the city of Berkeley defendant was required to plank,…