Barker

This is an action brought to recover damages arising out of the death of Claude W. Barker, through the negligence of defendants. The jury awarded plaintiffs (who are widow and children, respectively, of deceased) the sum of $30,000, and this appeal is prosecuted from the judgment.

The town of Kennett, Shasta County, is on the main railroad line of defendant Southern Pacific Company. From this town a branch track runs to a smelter which was formerly operated by United States Smelting, Refining and Mining Company. From this branch track a spur-track leads to a slag pit. Decedent was employed by a wrecking company, which was engaged in removing the junk and materials left when smelting operations ceased. He was an engineer, and was operating a very small locomotive known as a “Climax”, which was used solely to move the cars on the various tracks on the smelter premises. On the day of the accident decedent’s engine was hauling a carload of brick to the scales to be weighed. Without dispute the evidence shows that this was being done under the directions and at the request of the agent of defendant Southern Pacific Company at Kennett. In order to reach the scales it was necessary to…