Pacific Portland Cement Co. v. Bellamy

BOWEN, District Judge.

On April 4, 1949, appellee was in the employ of Southern Pacific Company as a brakeman on a freight train which was switching cars on spur tracks in the San Francisco Bay community of Redwood City.

While the train was so engaged at a curve on a railroad spur track alongside a public highway which was laid out on a curve conforming with that of the spur track, appellee, in order to accommodate his passing of visual hand signals between the enginemen and the train-end brakemen, got down off the car next ahead of the engine, on which car he was riding, and, in a p>artly…