Foxe v. Southern Pacific Co.

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 had left San Fernando destined to Los Angeles, were ordered to convey a train of empty cars to Eoscoe,…