Baez

Plaintiff Baez appeals from an adverse judgment in an action brought to recover damages for personal injuries sustained in the course of his employment with defendant Southern Pacific Company. The action was brought under the provisions of the Federal Employers’ Liability Act ( 45 U.S.C.A. §51 ).

The complaint alleged that the defendant employer “was negligent in their operations as a railroad company in that they permitted plaintiff to work and install windows [on a dome car] without sufficient help and adequate and proper tools and scaffolding, ’ ’ that ‘ ‘ defendant was negligent in failing to provide the plaintiff with a safe place to perform his work and duties” and “defendant negligently supervised plaintiff in the premises.”

The evidence produced at the trial disclosed that plaintiff was first employed by Southern Pacific in 1937 and at the time of the accident was rated as a journeyman carman—one who does all phases of construction and repair of railroad freight and passenger cars. While installing the entire window assembly of a dome ear, consisting of the metal frame and glass weighing about 130 pounds, he was injured.

The dome cars, which were approximately 13 feet…