Arnold

This is an appeal from a judgment entered upon a verdict rendered by a jury pursuant to direction of the trial judge, and from an order denying plaintiffs’ motion for a new trial.

The same case was before the supreme court upon a previous appeal, and the law of the case upon that appeal is declared in the opinion of Mir. Justice Shaw, rendered in Arnold v. San Francisco-Oakland Terminal Railways, 175 Cal. 1 , [ 164 Pac. 798 ]. That action was, and it is here, one to recover damages for death from a collision between an automobile which plaintiff’s deceased husband was driving and an electric street-car, and it was there held that the contributory negligence of the deceased was such as to prevent recovery, it being shown that he was mentally and physically sound and in possession of his usual faculties, familiar with the conditions of the crossing where the accident happened, and that he saw the car coming when he was within forty-five or fifty feet of the tracks, and that instead of turning aside or stopping so as to avoid danger, he first turned to the left, then to the right, and finally attempted to cross the tracks in front of the ear.

The only question presented by…