Jones

The plaintiff Ruth Jones, widow of B. B. Jones, deceased, and the mother of the plaintiffs Virginia Jones, Nannie Stevens and Mrs. Fletcher Stevens, prosecutes this action against the Southern Pacific Company, a corporation. Walter W. Webb and Charles P. Alexander, respectively, fireman and locomotive engineer on extra freight No. 2327, also are defendants, but were not served with summons, this action, therefore, being against the Southern Pacific Company alone, to recover damages for the death of said B. B. Jones, alleged to have been occasioned by the negligence of defendant on the fourth day of August, 1921, at the city of Lodi, California. Jones was a track laborer in the employ of the Central California Traction Company, a corporation, but working on the tracks of the appellant. Before submission, the cause was abandoned by the plaintiffs Virginia Jones, Nannie Stevens and Mrs. Fletcher Stevens, and dismissed as to them by order of court. (Code Civ. Proc., sec. 581, subd. 4.)

The jury returned a general verdict, in the sum of $10,-000, for the plaintiff Ruth Jones against the Southern Pacific Company, appellant herein, and also returned answers upon submitted special…