Anderson

This appeal arises from a judgment in favor of the defendant in an action brought by the administratrix of the estate of Ray Anderson, who met his death while employed by the Southern Pacific Company.

It is not necessary for a determination of this appeal to recite in detail the facts further than to state that Ray Anderson was, on the night in question, assigned as engine foreman directing the movements of a switching crew who were making up a train in the freight-yard of the Southern Pacific Company at Tracy. It appears that a number' of freight-cars under the direction of decedent were being moved by an engine coupled to the rear of a string of cars, and to ascertain whether or not the cars were properly coupled, a stop signal was given the engineer. This in switch-yard parlance is called stretching the cut, a necessary and usual method when shoving cars to ascertain if all cars are properly coupled together. Shortly after this switching operation Anderson was found dead, near a point where the cut of cars had been stretched. It is the theory of appellant that the engineer in stopping gave the cars an unusual, violent jerk causing the cars to buckle and rebound, thereby…