Baltimore & O. R. v. Tindall

EVANS, Circuit Judge.

Accepting the testimony most favorable to appellee, as we are required to do when reviewing the refusal of the trial court to direct a verdict, the following facts are disclosed :

Tindall was a front brakeman working on one of appellant’s freight trains engaged in interstate commerce, and he had been so employed for some time. As such employee, it was his duty to ride in the engine cab between stations. A seat was provided for him, the construction of which is shown by the drawing:

On October 29, 1927, while appellee was so riding between two stations, the seat gave way and…