Neil

Plaintiff sues to recover damages for the alleged negligence of defendant with respect to the management and operation of a logging railroad upon which he was riding when the locomotive jumped the track, hurling him from the tender to the ground and severely injuring him. We are concerned solely with the sufficiency as a pleading of the second amended complaint, to which the court below sustained a demurrer without leave to amend.

This case was heard and considered with the companion case of Brown v. Feather River Lumber Co., ante, p. 493 [ 265 Pac. 203 ], wherein plaintiff sought damages for the wrongful death of his son arising from the same accident here involved. The allegations of the second amended complaint in that ease, except as to the extent of resultant bodily harm, are practically identical with the allegations of the second amended complaint in the instant case, and reference may be made to said decision for a statement in detail thereof.

We reiterate the holding there made, to wit, that the allegations of the pleading are sufficient to raise an issue of fact for the jury as to whether or not plaintiff was riding as an express or implied invitee of defendant. In…