Dudley

Appellant sued under the provisions of the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-59 , to recover for an injury sustained while employed as baggage-man by appellee railroad company and its trustees.

At the close of appellant’s case, which was being tried to a jury, the court granted appellees’ motion for an involuntary dismissal. The principal question here involves the propriety of this order. There is a subsidiary question concerning the exclusion of certain evidence offered by appellant.

Following is a summary of the facts as testified by appellant and another witness: Appellant reported for duty on a passenger train at Tacoma about 7:30 in the evening of October 5, 1936, the train being due to leave at 8:00. He commenced sorting and arranging boxes, packages, and other material belonging to the railroad company, which had been piled in front of and near the door of the baggage car. It was necessary to move this material in order to facilitate the loading of baggage.

Among the material was a smokejack which appellees were shipping to Spokane for use on one of their cabooses. The smokejack, manufactured in the company’s shops at Tacoma, was of galvanized iron and…