Weiand

J.—This action is brought by the widow of Edward W. Weiand to recover damages for the death of the latter, and is based upon the Federal Employers’ Liability Act. The jury awarded damages in the sum of $30,000 and the appeal is from the judgment.

Edward W. Weiand, at the time of his death on the 20th day of January, 1937, was forty-nine years of age, and had been engaged in railroading for some twenty-five years, about fourteen years with the defendant. On the 20th of January, 1937, Weiand was the fifth brakeman on an extra freight train comprising approximately one hundred six cars running from Gerber, in Tehama County, to Boseville, in Placer County. As fifth man, Weiand was responsible for the second twenty-five or thirty cars behind the engine, the first twenty-five or thirty cars being under the charge of the head brakeman, Paul Fizer. The train arrived in the Boseville yard in daylight at approximately 7:30 o ’clock in the morning. It was a very cold morning, and many of the cars were covered with ice, snow and frost. The principal part of the defendant’s yard at Roseville, California, lies west of the Lincoln Street crossing. The railroad tracks run in a general westerly…