Trenholm

There is little or no controversy over the facts in this case. The West Side Pacific Highway runs in a northerly and southerly direction through the city of McMinnville, in Yamhill county, Or. North of the city limits the highway crosses the track of the Southern Pacific Company at grade. At the point of crossing the railroad track runs in a northeasterly and southwesterly direction, so that to ■one approaching the crossing from the south the highway and the track form an acute angle on the left and an obtuse angle on the right. On the evening of May 29, 1924, the plaintiff in error, accompanied by his wife and three children, approached this crossing' from the south in an open automobile. The plaintiff in error was driving the automobile, and sat at the wheel in the front seat on the left; his wife sat in the front seat at his right; his 17 year old daughter, whose unfortunate death was the cause of the present controversy, sat at the right in the back seat; an older daughter sat at the left in the back seat; and a daughter of about 10 years of age sat in the center in the back seat. The topography of the country is such that a train approaching the crossing from a northeasterly…