Bellamy

On April 4, 1949, appellee was in the employ of Southern Pacific Company as a brakeman on a freight train which was switching cars on spur tracks in the San Francisco Bay community of Redwood City.

While the train was so engaged at a curve on a railroad spur track alongside a public highway which was laid out on a curve conforming with that of the spur track, appellee, in order to accommodate his passing of visual hand signals between the enginemen and the train-end brakemen, got down off the car next ahead of the engine, on which car he was riding, and, in a p>artly running side-stepping motion, with his back towards oncoming vehicular traffic on the highway traffic lane next 'to the spur track, moved diagonally out from the spur track into and across the adjacent highway traffic lane until he reached a point near the center of the highway where he collided with the right rear fender of -appellant’s pick-up truck.

Thereby appellee sustained personal injuries and damages for which, in the court below sitting with a jury, he sued his employer and the appellant owner of the pickup truck. The jury found for the employer, but- awarded to appellee against appellant the sum of…