Berven

This is an appeal from a verdict and judgment for plaintiff-appellee, in the amount of $7,500, for injuries sustained by appellee through the alleged negligence of appellant, while employed as a car repairer in the shops of appellant at South Tacoma, Wash. By virtue of section 7693, Remington’s Compiled Statutes of Washington 1922, as amended by Laws Wash. 1925 (Ex. Sess.) p. 98, the action is controlled by the provisions of the Federal Employers’ Liability Act, 45 USGA §§ 51-59.

The principal assignments of error challenge rulings of the trial court denying appellant’s motions for nonsuit and a directed verdict, interposed on the ground (1) that *688 the evidence fails to establish negligence on its part, and (2) that the evidence shows appellee assumed the risk.

Appellee had been employed in the ear repair shops for about ten years prior to the accident which gave rise to this suit. He was working in a building known as the “wheelhouse,” where the wheels are repaired and light car repairing is done. At the time of the accident, his duties were car repairing.

In front of the wheelhouse is a wooden platform, and adjoining the platform, and parallel thereto, is a depressed…