Merralls

The appeal is from an order granting a new trial to the plaintiff. The action was brought by the plaintiff, as administratrix of the estate of William Augustus Merralls, deceased, -for damages against defendant, in behalf of the heirs of the deceased, for the death of the said Merralls, who was killed by an electric train owned and operated by the defendant in the city of Alameda.'

The fatal accident occurred on the night of September 2, 1914.. On that evening Mr. Merralls and a Mrs. Christina Nourse and a Mrs. Annie Wilson had made a social call in Alameda and were intending to take a train back to San Francisco. There was no question about the decedent having gone upon the track ahead of the train. The only conflict in ■ the testimony was as to the speed of the train and the ringing of the bell. The witnesses, who testified on these points, were the motorman and conductor of the train, called by the defendant, and Mrs. Nourse and Mrs. Wilson, called on behalf of the plaintiff. According to the motorman lj.e rang the bell as the train approached the crossing where the accident occurred, and the speed of the car was not more than twenty miles an hour. The conductor did not…