Walter A. Bertrand v. Southern Pacific Company, a Corporation, Appelllee

Walter A. Bertrand, plaintiff in this action for damages brought under the Federal Safety Appliance Acts and the Federal Employers’ Liability Act, 45 U. S.C.A. §§ 1 et seq., 51 et seq., appeals from a judgment for defendant, Southern Pacific Company. The judgment rendered after a jury trial conforms to the verdict. The specifications of error question the giving of two instructions and the refusal to give several instructions proposed by appellant.

Evidence favorable to appellant on the question of liability tended to establish the facts set out below. On July 3, 1957, while engaged in his duties as an employee of Southern Pacific, Bertrand attempted to release a brake on a freight car. The brake stuck and could not be released. Bertrand made a great exertion to turn the brake wheel, and then felt a sharp pain going down his back and left leg. He reported the nonfunctioning brake to the car inspectors. As a result of this report and without testing the brake to see if it worked, a car inspector took the brake apart thereby releasing it.

Appellant’s principal specification of error challenges the giving of an instruction relating to the effect which the jury should give to…