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accident action admissible age of consent alleged ALR2d Anno applicable approaching assault with intent Atchison CA2d Cal Jur charge circumstances Code commit rape common carrier condition consent construction constructive notice contributory negligence conviction corpus delicti crime deed defendant defendant's driver duty easement error erty evidence fact failure fendant filed forcible rape guilty highway infra injury instruction intent to commit judgment jurisdiction jury land last clear chance liability ment mortgage notice offense operation owner Pacific Elec party passenger person plaintiff possession proper prosecution prosecutrix provides Pub U C public utilities purchaser rail railroad corporation railroad crossing real property reasonable receiver's receivership receiving stolen property record road rule sexual intercourse Southern Pac speed statute statutory rape street subd subdivision sufficient Superior Court supra testified testimony tion train trial vehicle verdict victim warning Western Pac wigwag