wheel struck tbe locomotive. Tbe point of impact was back of tbe cylinder bead of tbe locomotive about 10 feet from tbe pilot. According to tbe testimony of tbe witness Bryant, fireman upon tbe engine, tbe man- riding upon tbe right side of tbe truck grabbed tbe steering wheel just before tbe collision. This evidently swerved tbe truck to tbe right in an effort to avoid the collision and caused the impact to occur at tbe front left fender and wheel of the truck instead of the truck running head-on into tbe side óf tbe locomotive. The train was traveling thirty-five or forty, miles an hour. Tbe truck was traveling ten or twelve miles an hour on tbe highway as it approached tbe crossing. There is a double row of telegraph and telephone poles between the railroad track and tbe highway, one row being on tbe railroad right of way, tbe other on tbe highway between tbe pave: ment and railroad right of • way. Between the pavement and the railroad right of way is a salt cedar or tamarack bush about 12 feet high and 14 or 15 feet in width. This bush is about 460 feet from tbe crossing and upon tbe side of tbe crossing from which the train came. At tbe time a severe windstorm was blowing and tbe atmosphere impregnated thereby with dust and sand. ' It is 69 feet from tbe pavement to tbe railroad track, and at that point tbe track is about 2 or 21⁄2 feet higher than tbe highway.
Excerpts from the testimony of various witnesses follows:
Sheppard, brakeman on tbe train, testified:
"Prior to that accident, I was riding on tbe engine on tbe brakeman's seat, directly in front of tbe fireman. That is on tbe left-hand side of tbe engine. * * * There is a highway running along beside tbe railroad, tbe highway was on my side of tbe engine. I bad a view of tbe highway. That highway is very much in use. I saw tbe truck prior to tbe collision, that we were in collision with afterwards, but I didn't pay much attention to it until just about tbe time when it bit tbe train. When I first saw tbe truck, it was pretty close to tbe crossing, I couldn't say bow close. It was on the highway, coming straight up tbe highway. There was nothing about it-to indicate be intended to turn there. I did not know be was going to turn there. * * * He was continuously in my sight up to near tbe time of the collision. I noticed him turn off, just a few seconds before tbe collision. • He did not stop. I couldn't tell whether be looked around to see whether a train was coming or not, I couldn't see through tbe -windshield, I couldn't tell just who was in tbe car. It didn't seem to me be slowed down, it didn't seem that tbe speed of tbe automobile