Mary Edith Daulton, Administratrix of the Estate of Donald Leroy Daulton, Deceased v. Southern Pacific Company, a Corporation

CHAMBERS, Circuit Judge.

Donald LeRoy Daulton, a Southern Pacific brakeman of the Shasta division of the company, was killed on October 6, 1952, in the course of his employment near the Wocus siding, which is located about three miles from Klamath Falls, Oregon.

In the moments immediately preceding his death he was acting as the “head” or “front end” brakeman on a five car work train. The train was moving northerly on a main line track to get on a siding and out of the way of two freight trains that were scheduled to pass each other at Wocus. As the train moved slowly forward at perhaps four…