Roberts

The plaintiff brought this action to recover damages for the death of his son, alleged to have been caused by the negligence of the defendant. He now appeals from the order granting the defendant a new trial, after verdict and judgment in his favor. .

Plaintiff’s decedent, Ms son, William Reilly Roberts, was a switchman in the employ of the California State Belt-Railway, which is operated along the San Francisco waterfront, receiving freight-ears from various transportation companies for delivery to the piers and docks. It is connected with the tracks of the respondent at a point known as the King Street transfer. On the evening of October 9, 1914, two cars were placed on the transfer track by employees of the respondent. One of these ears was in bad order. The drawhead and everything pertaining to the coupling was missing. This car was fastened to another by means of a chain wound around its axle, and connected with the drawhead of the other ear with from two and one-half to three feet of slack between the two cars. Later in the day these cars were taken off the transfer track by the Belt Line Railway, with full knowledge of their defective condition, to be delivered at pier 32.…