Leonardini

This is an appeal from a judgment in favor of the plaintiff in a damage action.

A résumé of some of the facts is as follows:

A collision occurred on June 22, 1953, at about 5:42 p.m. at the intersection of defendant’s main line railroad tracks and Taylor Street in Atwood (Orange County), California. Taylor Street runs north and south at the point where it crosses the defendant’s right of way. The railroad tracks run generally east and west at the point with which we are concerned. There is what is denominated the main line tracks to the north side of the railroad right of way. Parallel to and about 10 feet south of the main line tracks there is a passing track at the point where the accident occurred. To the north of the railroad right of way and parallel thereto is the Placentia Torba Road, a through highway, which is also known as State Highway Number 14. The main line tracks are substantially straight for a distance of three-quarters of a mile (3,960 feet) to the east of the crossing intersection at which point the tracks curve to the north.

One witness stated that it was about 42 feet from the south side of the state highway to the main line tracks. There is a stop sign for…