Matthews

Plaintiff brought this action under the provisions of the Federal Employers’ Liability Act (secs. 51 et seq., Title, Railroads, 45 U. S. C. A.) to recover damages for injuries which he received when throwing a switch in the city of Lemoore, Kings County, on the evening of October 3, 1931. It is admitted that at that time both plaintiff and defendant were engaged in interstate commerce and that the cause of action is governed by the federal statutes.

Plaintiff was an experienced railroad man and had been in the employ of defendant since 1913. At the time of the accident he was employed as brakeman on train number 301 which ran from Lemoore to Fresno. On that day he was called for duty at about 5:30 P. M., ate Ms dinner, secured his' ■working clothes and equipment from the caboose of the train, went over to the station for his switch list and returned to the engine.

The main tracks of the Southern Pacific Company run through Lemoore in a general easterly and westerly direction with two sidings, one on each side of the main line and parallel to it. The freight train in question was on the north siding facing east. To pass onto the main track it was necessary for the train to back…