Show V vion V I THEORY EXPLODED Judge Marshall Says Brakeman Brakeman Brake- Brake man and Laborers Should I Be Classed Together Taking the tiui position that mat a common laborer working on th time the grade of A a. I railroad is a mu l fellow workman with a L I brakeman Judge c I Marshall hall instructed I Ithe the Ilme j jury In III time the case rojo of or Steve t t Lukic Luicle v versus Southern rn Pacific company n Friday l 1 afternoon rno I to In nA a avor- avor ov 01 diet for for Tik Ti vI 1 nc sh that it was duo due lar largely c to tho time negligence of a brakeman on nn the time work train of the thc defendant company in not showing a lI light ht or giving the mIme proper sl signal that time the plaIntiff was run ove 0 I II necessitating time the amputation of tho time loft Ion lg lcJ The order came Carrie as a surprise to the thc I plaintiffs plaintiff's attorneys s and In fact to all connected l with tho timo case rose as ns It is somewhat some I what of or a departure from the tho hitherto j j I nc accepted th theory ot of fellow workman TutI e Marshall saul said that while the fellow ellow workman th theory or would not apply ap- ap I j ply ly to an cn engineer or 01 conductor it did tl dil apply to a a. cumin anil ho he tn Instructed he the Jury accordingly ly The case Ue In rlue has hns he been n flied filed nearly four tOUl years S cars and was one otie In which the tho plaintiff plain plain- tiff tier iff an anu Austrian u asked ike 1 for forthe or orthe the he loss less SM o of his hili leg anti and othe injuries l I w on the nt night lt of or August IS 18 on tIme Lucin cutoff It 1 is quite likely that an nn a appeal will b be taken front voni time the ruling of f the court I |