Southern Pac. Co. v. Stephens

DIETRICH, Circuit Judge.

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…