Smith v. Western Pacific Railroad

The plaintiff commenced an action against the defendants to recover damages for injuries sustained when he fell or was thrown from a freight car. After a trial before the trial court sitting with a jury, the latter returned a verdict in favor of the plaintiff. Prom that judgment the defendants have appealed.

At San Jose the defendants maintain a freight yard. It is in the form of a crescent. The portion of the freight yard involved in the ease at bar extends in a general direction from north to south. On the wesiern side a spur track has been inserted which serves certain industries, among…