Christensen

Appellees Trotter and Rayburn, respectively the fireman and engineer on the second engine of a Santa Fe train, were injured when the train collided with a truck standing unattended on the railroad track. They sued appellant, the owner of the truck, and were awarded damages. The appeal challenges certain of the instructions and the propriety of a ruling on evidence offered by way of impeachment.

The incident occurred near Kingman, Arizona, at a place where the highway parallels the railroad track immediately on the north at an elevation some thirteen feet higher than the track. Appellant’s driver had paused to get a cup of coffee at a small restaurant located on the north side of the highway. There was evidence that the truck and its attached trailer were parked in a jackknife position in front of the restaurant, so headed that if the vehicle started from any cause to roll it would move ■across the highway in a southwesterly direction and down the sloping ground to the point where it came to rest upon the track. Tire marks were found tending to substantiate the belief that such was in fact the course the vehicle took. No witness saw the truck in motion, however; and the driver…