Hager

This is an action to recover damages for injuries to property (horses aud harness) resulting from a collision with a train of cars at a railroad crossing in the city of Oakland. A nonsuit was ordered by the trial court aud the plaintiff has appealed.

The accident occurred in the settled portion of the city. The train was going at the rate of thirty or thirty-five miles an *310 hour, and the engineer was neither ringing the bell nor blowing the whistle, as required by the statute. The team injured consisted of six horses attached to a band wagon containing sixteen men. The train was a regular train and known to be due at that point by the driver of the horses at about the time of the injury. The view of the track towards the point from which the train was approaching was obstructed until the driver arrived within about forty feet of the crossing, when he would be able to see an appoaching train for a distance of two hundred and fifty yards. The bill of exceptions contains further recitals of the evidence as follows: “ The driver approached Short Street crossing at a jog trot, and without stopping or checking the speed of the team, and before the crossing was reached by the train…