Gibson v. Southern Pac. Co.

HUTCHESON, Circuit Judge.

Appellant, a cattle shipper accompanying a shipment, while riding as a passenger in the caboose of one of appellee’s freight trains, was thrown from his seat in the caboose by the sudden and violent stopping of the train on the morning of March 3,1932, as it pulled into Indio, Cal. To recover the damages caused by the injuries he claims to have received, he sued in three counts. The first two alleged a negligent stopping and a negligent breaking of the train in two, from causes, known to the defendant but not to< plaintifi, the train being at the time entirely in the…