Clary

Plaintiff seeks damages under the Federal Employers’ Liability Act for personal injuries received while employed as a carman in defendant’s shops at Sparks, Nevada. The verdict was for the defendant and plaintiff has appealed. He claims insufficiency of the evidence and errors of law in the refusal of certain instructions.

He was injured while engaged in the removal of a draft gear and yoke from a drop bottom gondola ear. The gear and yoke weighed about 400 pounds and rested on a tie strap which was riveted to the center sill of the ear.

His foreman told him to assist two other workmen, Treadway and Grassini, on a track used for heavy repairs. He knew these men were engaged in removing a draft gear. He could see their activities from the place where he had been working. He had observed them trying to remove the draft gear from the east end of the car. They were still hammering to get the draft gear to drop down when he arrived. The coupler had been removed from the draft gear at the west end of the car. Plaintiff went on a personal errand and when he returned the two men were working on the west end of the car. The trucks had been removed and the car put on air jacks which…