Temple

Plaintiff Charles Phillip Temple appeals from a summary judgment in favor of Southern Pacific Transportation Com *990 pany (sometimes hereafter the company) in an action commenced by him under the Federal Employers’ Liability Act ( 45 U.S.C. § 51 et seq.).

The Federal Employers’ Liability Act (§ 51) provides, as relevant: “Every common carrier by railroad while engaging in [interstate] commerce... shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce... resulting in whole or in part from the negligence of any of the... employees of such carrier,...” (Italics added.)

The action also concerns another federal act relating to such common carriers by railroad, termed the Hours of Service Act ( 45 U.S.C. § 61 et seq.). As relevant and at the times with which plaintiffs action was concerned, section 62 stated: “It shall be unlawful for any common carrier. . .to require or permit an employee, in case such employee shall have been continuously on duty for [12] hours, to continue on duty or to go on duty until he has had at least ten consecutive hours off duty...; or... he has not had at least eight consecutive hours off…