Kimball

This is an action for damages for injuries received in a collision between two of defendant’s trains. The court, sitting without a jury, gave judgment in favor of plaintiff for forty-one hundred dollars and costs of suit. From this judgment and from an order denying defendant’s motion for a new trial defendant appeals.

The appellant corporation was operating an electric line between Sacramento and Chico. The ears were moved generally by an electric current introduced through a third rail, but in cities and villages the “trolley system” was used. The “trolley zone” through the village of Live Oak in Sutter County was about 2,000 feet in length. On the morning of the accident, respondent was riding in one of appellant’s passenger trains which approached this “trolley zone” and passed into it from the “third rail zone.” The train was moving across this space through the village of Live Oak by the momentum gained before leaving the “third rail zone” and no attempt was made to connect the trolley with the overhead wire. There were no lights on the train owing to the fact that the trolley was not connected, because on defendant’s cars the same current of electricity which moves them…