Frizzell v. Wabash R. Co.

COLLET, Circuit Judge.

The plaintiff-appellant appeals from a judgment entered upon a directed verdict for defendant in an action for damages for personal injuries brought under the Federal Employers’ Liability Act, 45 U.S. C.A. § 51 et seq. The cause of action is predicated upon the alleged negligence of the defendant railroad company:

1. In furnishing and maintaining set-offs with insufficient space for parking work cars used by crews of section hands working on the roadbed;

2. In furnishing plaintiff an unsafe place in which to work, where the footing was insecure, causing plaintiff to slip…