Probst, Receiver v. Spitznagle

Appellee recovered a judgment in damages against the appellant in an action for personal injuries. The complaint was predicated on the Federal Safety Appliance Act (U. S. C. A. Title 45, §§1 to 46), and the negligence charged was that the top of a box car had thereon some wet or slippery substance which had adhered to appellee’s shoes as he walked thereon in the discharge of his duties as a freight train conductor; that in climbing down from said car by means of grab irons attached thereto, appellee was caused to slip and fall by reason of said substance on his shoes, thereby suffering…