Vietti

This is an appeal by the defendant from a judgment in an action for personal injuries, the cause having been tried by the court without a jury.

On April 16, 1918, plaintiff, a woodcutter, employed by Lamoine Lumber Company, at Lamoine, was visiting in Redding. He went to Redding, he testified, to take a “couple of days’ lay-off.” At about 5 o’clock that evening he received a telegram recalling him to Lamoine. The telegram read: “Lamoine, California, 9:08 A. M. April 16th, 1918. A. Vietti, care of B. Vietti, Redding, California. Come up at once. We found several mistakes in the bill. Cannot wait longer. Andrew Vaconi. 9:30' A. M. ” He then went to the office of the Southern Pacific Railroad Company in Redding, bought a ticket for Lamoine, for which he paid one dollar and forty cents, and boarded the next train leaving Redding, which was train known as No." 14. He sat in the smoking-car, the conductor took up his ticket and gave him the usual “hat-check.” At Kennett, Hurtzig, another employee of the Lamoine Lumber Company, boarded the train bound for Lamoine. At about 11:30 P. M. the train reached Lamoine, which was a “flag station.” The conductor of the train, when he took up…