Stephens

As the result of a collision at a highway crossing in the country, near Sacramento, Cal., between a lone engine belonging to the plaintiff in error, hereinafter referred to as defendant, and an automobile in which Thomas R. Stephens and two other men were riding, Stephens was killed. Alleging negligence on the part of the engine driver, plaintiff, as administratrix of the estate of the deceased, recovered judgment, from which the defendant railroad company brings error.

The accident occurred near midday. As they approached the crossing, both the engine and the automobile were moving in a southerly direction, upon lines converging at-an acute angle. At a point a little-more than 1,000 feet from the crossing, the structure of an overhead crossing of a traction line obstructed the view of an approaching train; but with that exception there was nothing to interfere with the vision of the men in the automobile, other than pole lines along the right of way. The automobile was an open touring ear belonging to a telephone company, by whom the two men with Stephens were employed. One of these men, occupying the left side of the front seat, was driving the car. In the rear seat were the…