BOWEN, District Judge.
On April 4, 1949, appellee was in the employ of Southern Pacific Company as a brakeman on a freight train which was switching cars on spur tracks in the San Francisco Bay community of Redwood City.
While the train was so engaged at a curve on a railroad spur track alongside a public highway which was laid out on a curve conforming with that of the spur track, appellee, in order to accommodate his passing of visual hand signals between...
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