Tousley

Plaintiff obtained judgment against defendant for two thousand five hundred dollars, in an action brought by her to recover damages for personal injuries alleged to have been received through the negligence of defendant. We have here an appeal by defendant from such judgment, and from an order denying its motion for a new trial.

The injuries suffered by plaintiff were received in a collision between an automobile in which she was riding as a guest of its owner and a two-car interurban train of defendant running from the city of Long Beach to the city of Los Angeles. The accident occurred about two o’clock p. m. on Sunday, May 7, 1911, at the crossing of Hill Street over the double tracks of defendant at the northerly city limits of Long Beach. A Mr. Loftus, the owner of the automobile, was driving, and seated with him on the front seat was the grandson of plaintiff, while Mrs. Loftus and plaintiff occupied the rear seat. They had been proceeding northward from Long Beach to Los Angeles along American Avenue, and on reaching Hill Street it was necessary to turn into that street and go over the tracks of defendant which there crossed Hill Street. On approaching the crossing, Loftus…