Martin

This case is before us upon appeal from a judgment rendered in an action for damages brought by appellee, as plaintiff, against appellant. The action was brought in the District Court of the United States under the Federal Employers’ Liability Act ( 45 U.S.C., §§ 51-59 ( 45 U.S.C.A. §§ 51-59 ), which relates to injuries to employees of common carriers engaged in interstate commerce.

Appellee was employed as a laborer in the shops of appellant. On April 22, 1932, he and several other workmen were engaged in moving a pair of locomotive trailer wheels from the locomotive pit in the roundhouse to the machine shop. These wheels weighed over 4,000 pounds, and, after removal from the engine, were rolled upon a skeleton truck constructed of channel iron and built very low to the ground. This truck was about 7 feet in length and moved on four small iron wheels; the rear wheels rotated on an axle which ran through the sides of the *323 channel and the front wheels revolved between the arms of a swivel yoke, to which a tongue was attached for use in turning. The front assembly was attached to the truck proper by means of a “T” section piece of iron, bent to the shape of a “goose neck” and…