Nature of the Case
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Facts
P was a switchman for D. P, and others of the yard crew were taking some 'bad order' cars to the shops to be repaired. P, in the course of his duties, rode upon the top of one of the cars (a boxcar) in order to set the brakes and stop them and hold them upon the main line. While descending from the car to return to the spur track, he fell, owing to a defect in one of the handholds or grab-irons that formed the rungs of the ladder, and sustained personal injuries. P sued for damages, based upon the Federal Safety Appliance Acts. It was admitted that the main line of D's railroad was in daily use for the passage of freight and passenger trains in interstate commerce. The trial court instructed the jury, as matter of law, that they should return a verdict in favor of P, the only question submitted to them being the amount of the damages. D requested certain specific instructions based upon the theory that the car was out of service and marked 'bad order,' which was notice to P of its condition; that there was no evidence that the condition of the car had resulted from any negligence of D; that it was at the time being taken to the shop for repairs; and that for these reasons P could not recover. The instructions were refused, and exceptions taken. P got the judgment, and the Court of Appeals affirmed and the Supreme Court granted review.
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