Foxe v. Southern Pacific Co.

CRAIG, Acting P. J.

The respondent’s intestate was injured while performing the duties of a brakeman upon a freight train operated by the appellant, in Los Angeles County, as a result of which he lost his life. In an action instituted under the federal Employers’ Liability Act by said representative, judgment was rendered upon the verdict of a jury, from which judgment the employer appealed.

During a dark, rainy morning in the fall a crew consisting of an engineer, fireman, conductor and three brakemen, who

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had left San Fernando destined to Los Angeles, were ordered to convey a train of empty cars to Eoscoe, leave them on a siding near Penrose Avenue, obtain a train of loaded rock-cars from a branch of said siding, and haul the same to the destination mentioned. The conductor testified as to local conditions, general directions, appliances and movements of the train from a diagramatic plat which was introduced in evidence, and is herein reproduced as an aid to an understanding of the conception of this and other witnesses of the occurrence in controversy.

For purposes of the trial it was ordered that on the general diagram “the main line be marked ‘A’, the spur track will be marked ‘B’, and the rock-spur will be marked ‘C’ ”. A switch from the main line to sidings “B” and

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“C”, designated as “XI”, was approximately 75 feet westerly from Penrose Avenue; a switch “X” from the side track to said rock-lead “C”, was approximately 125 feet westerly from the first; a derail was placed about 50 feet from switch “X2”, and the loaded ears stood at the extreme westerly end of the said rock-lead track. A switch-light signal on “XI” indicated according to a red or green light whether or not a train proceeding westerly along the main line would be diverted. There was evidence that switch “X2” was not at the time furnished with a light. Rear brakeman Slingluff, from the caboose at the end of the train, and brakeman Moore, signaled with lanterns for the train to move backward upon the opening of the main-line switch, “XI”, toward spur-track “B”, but for some reason unexplained definitely by the record, it followed the northerly line, with the resulting collision and injury mentioned.