Matchette v. California Fruit Canners Ass'n

KERRIGAN, J.

Charles C. Matchette, a brakeman in the employ of the harbor commissioners of the state of California on its belt line railroad in the city and county of San Francisco, met his death while in the performance of his duties as a member of a switching crew on the premises of the defendant, the California Fruit Canners Association. This action was brought by his widow and minor daughter to recover damages for his death, which is alleged to have been caused by the negligence of the defendant. The jury rendered a verdict in favor of the plaintiffs and against the defendant for the sum of five thousand dollars, and from the judgment and from an order denying a new trial the defendant appeals.

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The first contention of the appellant is that the evidence fails to establish that any duty owed to the deceased by the appellant was left unperformed, or that it was guilty of any negligence whatever, but that, on the contrary, the evidence affirmatively shows that the death of Matchette resulted from Ms own negligence. From the correctness of this contention we see no escape.

The record discloses the following facts: The defendant at the time of the injury complained of owned and maintained certain buildings situated in San Francisco, which it used in the operation of its business of canning fruit and for warehouse purposes. Between these buildings was a space of some seventy-two feet or thereabouts upon which were constructed two spur tracks from the belt line railroad owned and operated by the state of California. These spur tracks were standard gauge, and their length on defendant’s property was approximately 210 feet. At the point where these tracks entered the defendant’s property they were built on a curve, the curve continuing a distance of some 120 feet, from which point the tracks ran straight for a like distance upon said property. Parallel to the track throughout its entire length and on the westerly side of the cannery building there had been erected a platform, varying in width from the point where the track was straight to the place of the accident, and the edge of which was about four feet eight inches from the outer rail of the easterly spur track. The tracks were laid upon a trestle about fourteen feet high, which rested upon the basement of the building, and the platform was about three feet six or seven inches above the level of the track. On the morning of February 23, 1911, the day of the accident, the switching crew of which deceased was a member had switched one car on to the westerly spur track on defendant’s premises, and then pulled their train back into Beach Street, which bounds the south side of defendant’s plant, and switched a large box-car loaded with cans upon the easterly spur track. The switching equipment of the railroad consisted of an engine and a flat-car called a trailer. The crew was composed of the engineer and fireman, two switchmen, and a foreman. The deceased was one of the switchmen, and it was his duty on this occasion to spot the car that was being delivered, that is, to put it at a place on defendant’s spur