Kreitzer

Plaintiff's decedent was employed by the defendant, on or about January 5, 1916, as night watchman to guard or watch the bridge or trestle belonging to defendant, crossing the Tuolumne River, at a point about one mile south of the station at the city of Modesto. He had discharged his duties as watchman for four or five days when, as is alleged in the first amended complaint, on January 11, 1916, between the hours of 6 P. M. and 12 o’clock midnight of said day, and while in the performance of his duties as such night watchman of said railroad bridge, he “was struck upon the head and body by one of the cars of a freight train which was crossing said railroad bridge” while traveling in a southerly direction, and was killed; that said railroad bridge “was and now is unsafe for any person to walk upon or travel over, due to the negligence of said defendant,” because of the manner in which it is constructed, describing it; that there was and is no place on said bridge ivhere deceased “could stand and remain at the same time that a train was crossing said bridge”; that the only places “in the nature of safety stations” were certain platforms about twenty-five yards apart “upon which a…