Farnsworth

This is an appeal from a judgment awarding respondent $64,000 damages for personal injuries arising out of an accident that occurred on April 11, 1960. The basis for the liability imposed is the Federal Employers’ Liability Act. ( 45 U.S.C.A. § 51 et seq.) Appellant contends (1) there is no evidence of its negligence; (2) the respondent was contributorily negligent; (3) the negligence of a third party *479 contributed to the happening of the accident, and finally (4) that the damages awarded are excessive.

Appellant’s first contention is not supported by the record. There is some basis for appellant’s remaining contentions concerning the negligence of respondent and a third party, but this does not compel reversal of the judgment. The damages awarded, although liberal, are not so great that under established rules the award must be set aside. We therefore affirm the judgment.

On April 11, 1960, respondent was employed as a fireman on an engine owned and operated by appellant. The engine, pulling a boxcar, approached a crossing at Calaveras Boad in Milpitas. Bespondent, from his position in the engine, saw a gravel truck also approaching the crossing. Although respondent could…