Day

These actions were brought to recover for damages resulting from an accident at a railroad crossing at Camarillo, Ventura county, Cal. The actions were tried together. In one action Clark Day sought to recover for personal injuries suffered by him, and a verdict and judgment in that action were rendered for the sum of $10,000. In the other action, brought by Clark Day as administrator of the estate of his deceased wife, the verdict and judgment were for $20,000 damages.

The accident occurred about 10:10 a. m. on the 24th of April, 1927. It was Sunday morning and a bright clear day. Plaintiff was operating a closed Willys-Knight automobile of the sedan type. As he approached the crossing where the accident occurred, he found the street obstructed by a north-bound passenger train standing on the passing track, one of the four tracks crossing the intersection. Three other automobiles were already standing in line in the street waiting for the track to clear. The plaintiff drew up alongside the forward automobile with his front wheels so far in advance of that automobile that his body was about even with the front wheels thereof. Other ears followed and formed a third line, and…