Deering's Gen. Laws 1915, Act 865. Criminal Law... 750 Deering's Gen. Laws 1915, p. 1761, Act No. 3932. Street Assessments 311 Deering's Consol. Supp. Gen. Laws 1917-21, p. 1450. Corporate 784 Deering's Consol. Supp. 1917-21, p. 1648. Motor Vehicles....... Deering's Consol. Supp. Gen. Laws 1917-21, p. 1656. Motor Vehicles 714 713 ..... Deering's Supp. Codes & Gen. Laws 1919, Act 2331b. Motor Henning's Gen. Laws 1920, sec. 9. Street Assessments. 58 311 41 Stats. 305. Const., 14th Amendment, Citizens..... 219 ....202, 203, 204, 205, 214-217, 219-221, 240, 241 Intoxicating Liquors... 240 REPORTS OF CASES DETERMINED IN THE DISTRICT COURTS OF APPEAL OF THE STATE OF CALIFORNIA. [Civ. No. 4088. Second Appellate District, Division One.-Februar, 14, 1923.] NINA BELL MILLER et al., Appellants, v. PACIFIC ELECTRIC RAILWAY COMPANY (a Corporation), Respondent. [1] APPEAL ORDER DENYING NEW TRIAL-REVIEW.-While an order denying a motion for a new trial is no longer appealable, a point raised on the motion may be considered on appeal from the judg ment. [2] NEGLIGENCE - DEATH FROM COLLISION WITH ELECTRIC TRAINDISTANCE BETWEEN RAIL AND CURB-DISCOVERY OF ERROR AFTER TRIAL EFFECT OF. In an action for death resulting from a collision between an automobile in which the deceased was riding as a guest and an electric train, the fact that on a motion for a new trial it was made to appear that the actual distance between the nearest rail and the curb was a little more than five and one-half feet less than the distance which was stipulated on the trial to be correct was not sufficient to show that if the error had not occurred a verdict might have been rendered for the plaintiffs. [3] ID.-EVIDENCE-SOUNDING DEVICES.-The exclusion of evidence in such action as to which was louder, a bell or a whistle, and whether it was just as easy to sound the whistle as to sound the bell, was not prejudicial error. [4] ID. CONTRIBUTORY NEGLIGENCE-PROXIMATE CAUSE INSTRUC TIONS.-Instructions in such action as to contributory negligence which omitted the qualification that such negligence must have proximately contributed to the accident were not injurious where other instructions fully covered the subject of proximate cause. |