Wojtala

Appellee recovered a judgment against appellant for personal injuries suffered while in appellant’s employ, and appellant seeks to set the judgment aside.

Appellant maintains a shop for the repair of its cars. Some repairs are made outside the shop on tracks. In the shop are four tracks upon which the cars rest. The repairs to each car are made by a crew consisting of a carman and a helper. The carman is the helper’s superior; an assistant car foreman is the carman’s superior; the car foreman is the assistant’s superior; and the shop superintendent is the car foreman’s superior. The car being repaired by appellee at the time of his injury was a freight car, having vertical siding. The repair was the replacement of part of the vertical siding. The floor of the car was about three feet above the wooden floor of the shop, and the top of the car was about twelve feet above the floor of the shop. In replacing the siding it is necessary to use either a ladder or a scaffold to reach the upper ends of the siding.

*610 Appellee is a carman, and on September 4, 1934, was directed to repair the car in question. Appellee directed his helper to work on one side of the car, and appellee…