El Paso & Southwestern R. Co. v. Vizard, 211 U.S. 608 (1909)

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El Paso and Southwestern Railroad Company v. Vizard

No. 31

Argued November 30
December 1, 1908
Decided January 4, 1909
211 U.S. 608

ERROR TO THE UNITED STATES CIRCUIT

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

In this case, held that the court below correctly charged the jury as to the law governing the duty of the master to furnish a safe place, machinery and tools, and the duty of the employee to take reasonable care of himself, and the judgment in favor of the employee affirmed.

Defendant in error, plaintiff below, was a brakeman in the employ of the railroad company, plaintiff in error, and on February 22, 1904, was injured while in the performance of his duties as brakeman. He brought suit for $25,000 in the District Court of El Paso County, Texas, charging negligence on the part of the company. Subsequently he amended his petition by adding the allegation that the car in getting onto which he was injured was used in interstate shipment, and that the cause of the injury was a lack of handholds and grabirons required by the Safety Appliance Statute of the United States. Thereupon, the railroad company removed the case to the Circuit Court of the United States for the Western District of Texas. A trial was held in April, 1906, which resulted in a judgment for $6,000. This judgment was affirmed by the court of appeals, and from that court brought here on error.