Mattenson

Action for personal injury by defendant to Catherine Matteson, mother of plaintiffs. The cause was tried to a jury and defendant had the verdict. Plaintiffs appeal from the judgment. The accident happened on Sacramento street, at the crossing of Channel street, in the city of Stockton, on January 21, 1904. A train of thirteen or fourteen freight cars and caboose came into Stockton on the Oakdale branch of the Southern Pacific Railroad from the east along Weber avenue, which runs east and west; approaching Sacramento street the train moved on a Y diagonally through a block northward to get to the main line on Sacramento street at a point a short distance north of the Channel street crossing; reaching the main line with all its ears the train backed south toward the depot, situated on the southwest corner of Sacramento street and Weber avenue; at the rear end of the train was the caboose used for passengers; as the caboose approached the north foot-crossing leading across Sacramento street from the pavement along the north side of Channel street, Mrs. Matteson, going east, started to cross Sacramento street, and when about in the middle of the street was struck by the lower step on…