Libbey

Libbey brought this action against the-Southern Pacific Company to recover damages for injuries received by him at a time-when he claimed that he was an employee of the Company and entitled to the benefits, of the Federal Employers’ Liability Act, 45' U.S.C.A. § 51 et seq. The appeal is from a. judgment in his favor.

At the time in question Libbey was in the: Company’s roundhouse at Roseville, California. Two days previously he had become-a student fireman with the understanding-that he would be a student for two weeks,, after which, if he qualified, he would go on, regular pay. As soon as he was given his. first instructions at the superintendent’s, office, which included a lecture on rules. and regulations and the use of care, he was told to report to the master mechanic who sent him to the roundhouse foreman. At the latter’s direction, he followed employees who were lighting fires in locomotives. The first day Libbey did nothing but follow these firelighters and lighted no fires himself. On the next day he followed the same firelighters about the roundhouse and he himself lighted fires on two different locomotives. On this day, before Libbey’s shift had terminated, the…