Fiedler

This was an action brought in the United States District Court for the Northern District of California, Southern Division, under the Federal Employers’ Liability Act (45 USCA §§ 51-59) to recover damages for injuries alleged to have been received by plaintiff, appellee, while he was employed by defendant, appellant, in interstate commerce.

The complaint, inter alia, alleges:

“That on or about the 21st day of November, 1929, while the plaintiff was regularly employed by the defendant as a bridge and tunnel carpenter in reconstructing the portal at the entrance of Pieta tunnel, a tunnel situated upon the defendant’s line of road about one-half mile south of the station of Pieta, California., plaintiff was ordered by the defendant’s foreman, Henry Pagels, who was in charge of the work, to go upon said portal and saw planks or boards on the top of said portal and that while he was so engaged two other employees of the defendant, under the direction and order of said foreman, Henry Pagels, removed one of the standards or support of said portal; that the removal of said standard or support caused the planking on said portal to become weakened and while the plaintiff was standing upon…