Krause v. Rarity

On September 12, 1927, William Krause was killed when the automobile in which he was riding as a guest was struck by a locomotive of the defendant Railway Company. The plaintiffs are the heirs of the deceased and the defendant Rarity was the driver of the ear. A verdict was rendered against both defendants as joint tort-feasors and from a judgment entered thereon the defendants have presented separate appeals.

Central Avenue is a paved rural highway extending east and west from Del Rey to Malaga in the county of Fresno. The defendant Railway Company maintains a spur-track known as the Mattel…