Sandberg

This appeal is from a judgment in favor of plaintiff for the death of his minor son, alleged to have been caused by the negligence of defendants in the operation of a railroad train. The defendants Whitfield and Beach were the engineer and brakeman, respectively, in charge of the train, which was being operated by the defendant corporation. The corporation will be referred to as the defendant.

At the time of the accident the defendant was, and for many years prior thereto had been, engaged in the operation of a granite quarry. It also operated a railroad running from the quarry to the line of the Southern Pacific Company, a distance of between one-half and five-eighths of a mile, usually making one round trip a day. The greater part of this short railroad from the Southern Pacific line up to the quarry is on a grade of about five and a half per cent. The train consisted of a locomotive, called a “dago” by the witnesses, and two flat cars. The defendant’s superintendent described the dago as follows: “It is a locomotive crane, commonly called a wrecking crane, and it is a machine *264 that weighs about, I think the machine figures 36 tons. It has two cylinders, eight by ten…

In their petition for a rehearing appellants reargue the question of the right of a husband to recover for the pecuniary loss suffered by his wife by reason of the death of their minor child. Section 376 of the Code of Civil Procedure provides: “A father, or in case of his death or desertion of his family, the mother, may maintain an action for the injury or death of a minor child, and a guardian for the injury or death of his ward, when such injury or death is caused by the wrongful act or neglect of another. ...” Section 377 provides: ‘‘When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death. ...” These sections appear in title III of part II under the heading ‘‘Parties to Civil Actions.” The various sections under this title relate primarily, though not exclusively, to matters of procedure, as indicated by the heading. Section 11 of the Practice Act was identical in language with the foregoing provisions of section 376 which *273 are not italicized. (Stats. 1851, p. 52.) In Kramer v. Market St. R. R. Co., 25 Cal. 435 , it is…

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 263 This appeal is from a judgment in favor of plaintiff for the death of his minor son, alleged to have been caused by the negligence of defendants in the operation of a railroad train. The defendants Whitfield and Beach were the engineer and brakeman, respectively, in charge of the train, which was being operated by the defendant corporation. The corporation will be referred to as the defendant. At the time of the accident the defendant was, and for many years prior thereto had been, engaged in the operation of a granite quarry. It also operated a railroad running from the quarry to the line of the Southern Pacific Company, a distance of between one-half and five-eighths of a mile, usually making one round trip a day. The greater part of this short railroad from the Southern Pacific line up to the quarry is on a grade of about five and a half per cent. The train consisted of a locomotive, called a "dago" by the witnesses, and two flat cars. The defendant's superintendent described the dago as follows: "It is a locomotive crane, commonly…