El Paso Southwestern Railroad Company v. Vizard

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 hand holds and grabirons irons 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.

Messrs. J. F. Woodson and Millard Patterson for plaintiff in error.

Messrs. W. H. Robeson and George E. Wallace for defendant in error.

Statement by Mr. Justice Brewer:  Mr. Justice Brewer delivered the opinion of the court: