Ballard

The plaintiff had judgment based upon the second cause of action set out in her complaint, from which judgment the defendant appeals. The second cause of action in the complaint sets forth, after reciting preliminary matters showing the right of the plaintiff to maintain this action, that Charles K. Ballard was, on and prior to the eleventh day of November, 1930, a brakeman regularly employed by the defendant. That on the eleventh day of November, 1930, at Marysville, Yuba County, said Charles K. Ballard came to his death by being thrown from the top of a freight-car then and there being operated by the defendant. That the direct and proximate result of the death of Charles K. Ballard was the hauling, and permitting to be hauled and used on its railway line, a certain freight-car known as a “gondola car”, that was not equipped with efficient hand-brakes; that the hand-brake on said car had a defective and crooked brake-shaft; that by reason of the defect in the brake-shaft the brake on said car could not be set with safety; that when the wheel at the top of the brake-shaft was turned, the crook in the shaft would cause the wheel to flare up on one side and down on the other,…