Mahoney

This is an action for personal injuries suffered by plaintiff Maria Mahoney when an automobile in which she was riding as a guest was struck by a railroad train alleged to have been in the “exclusive possession and control” of the defendant Eailway Company. Verdict and judgment went for the defendants and the plaintiffs have appealed from the judgment.

The accident occurred near a country crossing a few miles south of Bakersfield. The highway there runs north and south and the railroad runs from a northeasterly to a southwesterly direction. The automobile in which Mrs. Mahoney was riding approached the crossing from the south as the train in question was approaching from the northeast. The complaint alleges that the view of the railroad from the highway is so obstructed as to make the crossing “extremely dangerous to those approaching it along the said highway.” Admittedly, this allegation was sufficiently denied by the defendants and the evidence relating thereto is conflicting. Paragraph IX of the verified complaint reads as follows: “That as the said locomotive and string of cars approached the said crossing, and before they entered upon said crossing, as aforesaid, the…