McComb

The respondent Frank P. McComb was a switchman in the employ of appellant, the Atchison, Topeka & Santa Fe Bailway Company, a corporation. In the course of switching operations at the Biehmond yards of the company near San Francisco, and while freight-cars were being switched by the engine crew of which respondent was a member, he went between the cars to couple the air-hose. While so doing six other freight-cars were switched against the cars between which respondent was working, causing them to move. As the result the trucks of one of the cars ran over respondent’s left leg, necessitating its amputation.

Bespondent' alleged that his injuries were caused by appellant’s negligence. The latter denied negligence and pleaded in defense respondent’s contributory negligence and assumption of risk.

A jury having returned a verdict in favor of respondent, appellant moved for a new trial, which was denied, and it has appealed from the judgment.

Appellant contends that the evidence is insufficient to justify the verdict and that the trial court erred in denying its motions for a nonsuit, a directed verdict and a new trial.

Bespondent was injured at about 10:45 A. M. on May 4, 1927. He…