Shannon

Appeal from a judgment of nonsuit and dismissal.

Plaintiff brought this action to recover damages from the Northwestern Pacific Eailroad Company on account of injuries to his person and damage to his automobile caused by the electric train of respondent striking and colliding with said automobile at Greenfield Avenue crossing, a point on said railroad between San Anselmo and the city of San Eafael, at the hour of about 2:50 P. M., January 17, 1925. The section of the general double-track system of said railroad company over which said electric cars were operated at the time said injuries were inflicted extends in a general easterly direction from San Anselmo, crossing said Greenfield Avenue, and terminating at San Eafael.

Appellant had taken his wife for a visit to the home of the Luehessi family, who were near-by neighbors, and was returning from the latter residence by way of Greenfield Avenue, which crosses said railroad at grade, at right angles. Upon reaching the crossing, he observed an electric train on the southerly track moving easterly toward San Eafael. He paused his car at a distance of eight feet from the nearest rail and waited for said train to pass. When the last…