Jerry E. Collins v. Southern Pacific Company

Jerry E. Collins, appellant herein, filed an action in the United States District Court for the Northern District of California against the Southern Pacific Company, a corporation, appellee herein. The complaint was in two counts. The first cause of action was brought under the Federal Safety Appliance Act, 45 U.S.C. A. §§ 4 and 11, and alleged that appellant was ascending a ladder on a certain box car when he slipped on grease which was on one of the grab irons on said ladder; that he fell to the ground and received the injuries described in the complaint; and that his injuries were proximately caused because appellee used and hauled in interstate commerce the box car in question which was not provided with secure grab irons, contrary to the provisions of 45 U.S.C.A. §§ 4 and 11.

The second cause of action alleged negligence upon the part of the appellee under the provisions of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 .

At the beginning of the trial, upon appellee’s motion, the district court dis missed the first cause of action. The trial then proceeded upon the second cause of action before a jury which rendered a verdict in favor of the appellee. The…