Baldwin

This is an appeal by the plaintiffs in two cases which were consolidated by stipulation in the trial court because each ease involved the same facts. The plaintiffs, respectively, are heirs of Elwood L. Baldwin, deceased, and James T. McGuffin, deceased. Baldwin and McGuffin were killed in a collision between an automobile driven by McGuffin, in which Baldwin was riding and an electric car owned and operated by defendant Pacific Electric Railway Company.

It is unnecessary to recite the facts in great detail, because the verdict of the jury has determined the issues of negligence upon conflicting evidence. In brief, the situation is that the automobile was being driven, at night, along the state highway which was intersected by the railway tracks of the defendant company. The railway tracks were protected by gates which were properly lowered at the time of the collision. From the gates was suspended a red lantern. Decedents crashed through the gates on to the tracks and the automobile in which they were riding was struck by the train. There are some conflicts in the evidence, as is usual in a ease of this kind, but the record contains abundant evidence to support the finding of…