Ferran

We adopt from the opinion prepared by the District Court of Appeal, First Appellate District, Division One, the following portion thereof:

“An appeal by the plaintiff from a judgment entered for the defendants, notwithstanding a verdict in the plaintiff’s favor.

" The plaintiff was injured while waiting to board a northbound train at Lomita Park, a station on the railroad of the Southern Pacific Company, which company will be hereinafter referred to as the defendant. The railroad at this point consists of double tracks. Fronting the station the tracks are approximately eight feet apart. Upon the track nearest the station were operated the southbound trains, and upon the other track the northbound trains. *352 Certain passenger trains made regular stops at this station; others stopped only when flagged by passengers. The injury to the plaintiff occurred on the morning of June 14, 1931. He was at that time a resident of Lomita Park, and ‘commuted’ to and from San Francisco, where he was employed. A train bound for San Francisco and which would stop only upon signal was due at Lomita Park station at 8:22 a. m. The plaintiff held a regular commutation ticket and was awaiting this…