Pitt v. Southern Pacific Co.

LAMBEET, J., pro tem.

The facts leading up to this controversy are briefly: On July 19, 1926, the respondent was operating a freight train in interstate commerce in Eiverside County, California, and transporting freight in a westerly direction toward Los Angeles, California. Leslie M. Shaw, now deceased, was an employee of respondent on said date and was acting as a “swing brakeman”. He had received instructions that when the train reached a station called Garnet, a helper “cut” was to be made, that is, an extra engine was to be added to the train for the purpose of assisting the train up…