Davis

Plaintiff appeals from á judgment after jury verdict, in favor of defendants.

Question Pbesented

The refusal of the court to give offered instructions concerning certain rules of defendants’ employer, the State Belt Railroad.

Evidence

The action was for injuries received by plaintiff when run over by a car or cars of the State Belt Railroad, an agency of the State of California. The sole defendants were two employees of that line, Johnson, the engineer, and Locke, foreman in charge. The accident occurred about 1:15 a. m. near Pier 56, Port of San Francisco. The tram’s crew consisted of defendants Locke and Johnson, Ramsey (brakeman, since deceased), Conlin (brakeman), and Williams (fireman). They were assigned the work of “spotting” six freight cars alongside the dock. The movement involved shoving the cars from the north side of Berry Street in a southerly direction in to Pier 56. To do this, the cars were first pulled along the Embarcadero down to Berry Street. Then the engine was uncoupled at the north edge of Berry Street and taken south across Berry Street to a switch point, in order to switch the engine around and get it north of the six freight cars, thus making it…