Schnee

This action is based on the Safety Appliances and Equipment Act, 45 U.S.C.A. § 1 et seq., and the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. Damages are asked for personal injuries sustained by appellant, which resulted from an accident in which appellant was involved while engaged in the performance of his duties as an employee of appellee. At the conclusion of the submission of the evidence appellee moved the Court for a directed verdict, the motion was granted and, at the direction of the Court, a verdict in favor of appellee returned.

Appellant contends there was sufficient evidence to submit the case to the jury. In resolving, that question “we need look only to the evidence and reasonable inferences which tend to support the case” of appellant. Wilkerson v. McCarthy, 336 U.S. 53, 57 , 69 S.Ct. 413 , 93 L.Ed. 497 . Viewing the evidence in that light it is sufficient to show the following:

Appellant was. employed as a signal maintainer. His job required inspection and maintenance of signals along certain portions of the right of way. Appellee supplied him with a motor car on which he traveled from place to place. On the day of the accident, August 26, 1946,…