Sherman

This is an appeal by defendant from a judg ment in favor of plaintiff as administratrix of the estate of Buel M. Sherman, deceased, for the death of her husband. The action was prosecuted under the authority of the Federal Employers’ Liability Act (45 U. S. C. A. 51) and specifically arose from an alleged violation of the Federal Boiler Inspection Act (45 U. S. C. A. 23).

Sherman was regularly employed by the appellant company as a “herder” to supervise the removal of engines from a roundhouse located at Watsonville Junction in this state, and the attachment of such engines to cars. Prior to the happening of the accident the engine in question had been removed from the roundhouse and was backed through the yard to a point where Sherman had been manipulating a switch. This point is approximately 100 yards from a road crossing the track upon which the engine was backing. As the engine approached, Sherman mounted the footboard on the engineer’s side and gave a “back-up” signal. The engine had moved fifty or sixty feet when Sherman was seen lying alongside the tracks. His torso had been crushed, both legs and one arm had been severed and he had received other injuries as the result…