Mize

In the predawn hours of August 30, 1968, one Charles E. O’Dell, while working in the scope and course of his employment with defendant the Atchison, Topeka and Santa Fe Railway Company was riding on the side of a railroad car which became derailed while it was being pushed in a westerly direction along a public street colloquially known as “Coke Alley.” On the days immediately preceding the accident the defendants Miller and Walker, as contractors, were engaged in installing asphalt paving on a lot owned by Coca Cola Bottling Company of Los Angeles adjoining the track. After being derailed, the car struck a building owned by Feldman Company which was situated on the north side of the tracks. O’Dell, who. was riding on the northwest corner of this car, was crushed between the car and the building, receiving injuries from which he later died.

Plaintiff Mize as administrator of O’Dell’s estate brought suit for the benefit of his heirs for wrongful death against defendant Santa Fe under the Federal Employers Liability Act and against all defendants on the theory of common law negligence. Plaintiff also brought action against defendant Santa Fe for damages sustained by O’Dell…