Massey

On or about the sixteenth day of August, A. D. 1920, Arthur Ralph Massey, while employed as a swing brakeman by the Southern Pacific Company, met his death in the course of his employment, and this action was begun and prosecuted under the Federal Employers’ Liability Act, by his widow, as the administratrix of the estate of said deceased to recover damages. Plaintiff had judgment and the defendant appeals.

The record shows that the train on which the deceased was employed was made up by a switching crew, under the direction of a yardmaster in the railroad yards of the defendant at the town of Chico. Included in the train was a car of lumber from Lamoine in the county of Shasta, destined for a point outside of the state of California. The train crew consisted of a conductor in charge of the train, engineer, fireman, and three brakemen, of which the deceased was one. This train crew took the train out of Chico and proceeded to the town of Durham, in the county of Butte. While engaged in the yards at Durham, in the act of assisting in coupling a refrigerator-car to the lumber-ear mentioned, the deceased was caught between the refrigerator-car and a piece of lumber, which extended…