Humphrey

Appellant’s railroad, running east and west, crosses U. S. Highway 93, running north and south, at a point within the city limits of Wells, Nevada. On October 3, 1934, at 9:48 P. M., a west bound freight train comprising 89 cars and a caboose, operated by appellant, stopped at Wells for the purpose of taking water. When so stopped, the front end óf the train was 75 car lengths west of the crossing, the rear end was 13 car lengths east of the crossing, and the 76th car (14th from the rear) was on the crossing, completely blocking it.

While the train was standing there, motionless, Ravaud Hovey Humphrey (hereafter called decedent), traveling south on Highway 93, drove his automobile- into and against the side of the 76th car of said freight train and was killed. Thereafter, appellee, decedent’s widow, individually and as guardian ad litem of his two minor children, brought this action against appellant for damages in the sum of $75,000 for decedent’s death. The action was commenced in a State court of California, but was, on appellant’s petition, removed to and tried in the District Court of the United States for the Northern District of California.

Appellee’s complaint alleges…