Pitt

The facts leading up to this controversy are briefly: On July 19, 1926, the respondent was operating a freight train in interstate commerce in Eiverside County, California, and transporting freight in a westerly direction toward Los Angeles, California. Leslie M. Shaw, now deceased, was an employee of respondent on said date and was acting as a “swing brakeman”. He had received instructions that when the train reached a station called Garnet, a helper “cut” was to be made, that is, an extra engine was to be added to the train for the purpose of assisting the train up grade. The roadbed at this point was laid upon a grade of 1.7 per cent, and the train was ascending the grade. The deceased, Shaw, pursuant to his instructions, went forward on the top of the train to the tenth car from the caboose, transmitted a stop signal to the engineer, and was shortly thereafter, and about the time the train came to a stop or rest, seen upon the ground in the act of uncoupling the cars with his left hand and simultaneously giving the engineer a “go ahead” signal with his right hand. After the cars were “cut” deceased Shaw went between the cars, that is the ten attached to the caboose and the…