Richardson v. Southern Pacific Co.

This appeal is from a judgment in the plaintiff’s favor in an action for damages for personal injuries sustained by the plaintiff, a lineman of the Southern Pacific Company, while the railroad of such corporation was being operated under the direction and control of the Director-General of Railroads of the Hnited States. Sub sequent to the inception of the action it was dismissed as to the Southern Pacific Company, but continued as against the Director-General. The facts of the ease are practically undisputed, and are briefly as follows:

In the early part of February, 1918, the plaintiff, who was an experienced lineman, entered the employ of the railroad corporation in that capacity. On February 6, 1918, he was ordered by the foreman of the division to which he had been assigned to accompany him, with certain other members of the crew, to Rutherford, Napa County. Prior to going to Rutherford the foreman had received from the superintendent’s office written instructions concerning the work to be done there, which instructions, accompanied by a blue-print, directed the removal of three certain poles from the place where they had been standing to a near-by new location, as shown…