Clary v. Southern Pacific Co.

WOOD (Fred B.), J. pro tem.*

Plaintiff seeks damages under the Federal Employers’ Liability Act for personal injuries received while employed as a carman in defendant’s shops at Sparks, Nevada. The verdict was for the defendant and plaintiff has appealed. He claims insufficiency of the evidence and errors of law in the refusal of certain instructions.1

He was injured while engaged in the removal of a draft gear and yoke from a drop bottom gondola ear. The gear and yoke weighed about 400 pounds and rested on a tie strap which was riveted to the center sill of the ear.2

His foreman told him to…