Holmes

The plaintiff appeals from a judgment of nonsuit, and an order denying her motion for a new trial. The action is to recover damages against the defendant for its alleged negligence in causing the death of George A. Holmes, Jr., of whose estate the plaintiff is administratrix.

The evidence given upon the trial shows that defendant was, on May 19, 1889, operating a double-track railroad on Encinal Avenue, in the town of Alameda, and on that day the decedent was killed by one of its mov-. ing trains at Webster station, on that avenue or street. The station consisted of a house or shed built upon the sidewalk, and the space between the sidewalk and defendant’s track was three feet in width, and the sidewalk was only two or three inches higher than the road-way between it and the railroad track. The deceased, at the time of the accident, was waiting for one of defendant’s trains, intending to take passage thereon for San Francisco, and he was the holder of a ticket which entitled him to do so. While thus waiting for the train, which was soon expected, he walked up and down near the station on the road-way between the sidewalk and the railroad track, and in going one way was facing in…