Green

This action is brought to recover damages for the death of Mary Green, who, in attempting to cross the railroad track in a wagon at C street, in the city of San Bernardino, was killed by a locomotive of defendant. Her mother, Mrs. Betsey Warren, who was with her at the time, was also injured in the accident. She brought an action for damages against defendant and recovered. An appeal was taken to this court, and the judgment and order denying a motion for a new trial affirmed: Warren v. South *844 ern Cal. Ry. Co. (L. A. 951; opinion filed this day), ante, p. 835, 67 Pac. 1 . The facts are there fully set forth, and nearly all of the questions of law raised by this record are there decided. Por that reason they will not be again discussed, but the legal principles laid down in that decision are hereby approved.

Complaint is made of the action of the court in declining to instruct the jury that it was the duty of Mrs. Green, under the facts of the case, to stop and listen for an approaching train. In certain cases the facts are so peculiar unto themselves that it may be said, as matter of law, a person should stop and listen before attempting to cross a railroad track. But the…