Barker v. Southern Pacific Co.

TUTTLE, J., pro tem.

This is an action brought to recover damages arising out of the death of Claude W. Barker, through the negligence of defendants. The jury awarded plaintiffs (who are widow and children, respectively, of deceased) the sum of $30,000, and this appeal is prosecuted from the judgment.

The town of Kennett, Shasta County, is on the main railroad line of defendant Southern Pacific Company. From this town a branch track runs to a smelter which was formerly operated by United States Smelting, Refining and Mining Company. From this branch track a spur-track leads to a slag pit.…