Klein

This is an appeal by plaintiffs from an adverse judgment in favor of defendants in an action for damages for personal injuries. The plaintiffs’ sole grounds for this appeal are alleged errors committed by the trial court in giving certain instructions.

The original action was brought by Dolores Ann Klein and Sarah Pay Isbitts, hereinafter referred to as appellants, against Southern Pacific Company and E. H. Platz, hereinafter referred to as respondents, and one Richard Johnston, 1 for damages for personal injuries resulting from a collision occurring at about midnight on September 20, 1958. The appellants were riding as guest passengers in an automobile owned and operated by Johnston which collided with the freight train owned by Southern Pacific Company and operated by its employee, Platz, at the intersection of the railroad private right-of-way and Van Nuys Boulevard in the City of Los Angeles. The railroad crossing was controlled by a tricolor traffic signal, red parallel flashing lights and cross-arm warning signals.

The Southern Pacific freight train was travelling south as it approaching the crossing. The automobile in which the appellants were riding was travelling west…