Qualls

This is an appeal from a judgment for the plaintiff rendered upon the verdict of a jury for damages for personal injuries sustained in the course of his employment as a brakeman. The action was maintained under the federal Employers’ Liability Act (45 U. S. C. A., secs. 51-59).

The defendant owns and operates an interstate railroad system extending into California. Among its properties is a freight depot and yard consisting of side-tracks for the distribution of cars in the city of Los Angeles. The main track leading to the freight yard passes under an overhead bridge, past the depot, thence in a semicircle northerly to a switch communicating with side-tracks numbers six and seven. These tracks extend in a parallel course, and are separated just a sufficient distance to permit boxcars to pass. Northerly from this switch these side-tracks ascend a slight grade. The making up of trains and the distribution of cars in this freight yard was in charge of a crew employed for that particular purpose. J.. D. Lodgson was foreman of this crew. W. H. Mooney had charge of the switch. It was his duty to see that cars which had been run upon a side-track were stationary before he gave the…