Opinion
As Modified on Denial of Rehearing March 8, 1941
Hearing Granted April 5, 1941
Appeal from Superior Court, City and County of San Francisco; J.J. Trabucco, Judge.
Action by James P. Hicks against the Ocean Shore Railroad, Incorporated, and others, for damages for injuries under special provisions of St.1937, p. 271 et seq., § § 3706-3709, providing for action by employee where employer has failed to secure compensation. From a judgment for plaintiff for $8,500, and $1,700 attorney’s fees, the defendants appeal.
Judgment reversed, with directions for a new trial on the matter of damages alone.