Thing

Appellant, as administratrix, brought this suit to recover damages for the death of Frank L. Thing, who was killed as the result of an aeeident in which the automobile he was driving collided with a railroad motorcar operated by defendant. She alleged that appellee negligently maintained a public crossing in an unsafe condition, and also that it failed to. use due care after discovering the deceased’s peril. At the close of 'her testimony, the court granted a motion for a directed verdict, and accordingly there was a judgment of dismissal, from which she appeals.

The aeeident occurred about 5 o’clock in the afternoon of July 2, 1926, at a point in Maricopa county, Ariz., where defendant’s railroad track is intersected by the Phoenix-Buckeye public highway. The track runs east and west and the highway north and south. The highway was paved with concrete for a width of 16 feet, and upon either side of the pavement was a dirt apron or shoulder 4 or 5 feet wide. Two or three months earlier the railroad company had made some alterations in its track and had put in what the witnesses characterize as a temporary crossing, the conditions of which were that the pavement stopped 2 or 3…