Parrish

Plaintiff was the engineer on a train he operated for the defendant Atchison, Topeka & Santa Fe Railroad, which was involved in a very tragic derailment at Los Angeles on January 22, 1956. His amended complaint seeks the sum of $250,000 as general and $72,000 as special damages because of alleged negli *160 gence in the maintenance of the brakes and brake equipment under Section 51, 45 U.S.C.A., of the Federal Employers’ Liability Act, and violation by the defendant of Sections 23 and 24 of Title 45 U.S.CA., commonly known as the Safety Appliance Act.

I

The Duty of Carriers to Employees

There is thus brought into play the duty of a common carrier under these Sections. Section 23 makes it unlawful to use or permit to be used any locomotive unless it or any parts of it have been inspected as required and are in proper condition and safe to operate. Under Section 51, the common carrier is liable for injury resulting in whole or in ■part from the negligence of any employees or by reason of any defect or insufficiency due to negligence in its cars, equipment, appliances and machinery.

Because these statutory provisions relate to the same matters, many courts have interpreted them…