Charles Evans Whittaker

“ Central Vermont R. Co., 319 U.S. 350, 353, 354, 63 S.Ct. 1062, 1064, 87 L.Ed. 1444, the Court quotes: 'To withdraw such a question from the jury is to usurp its functions.' If by that quotation the Court means that the Bailey case involved 'such a question' as we have here, I must respectfully disagree. ”

“ Petitioner has pressed upon us an assignment that respondent failed to provide him with a safe place to work, in that it failed to make smooth and level the right of way adjoining the track so that, if a trainman were to slip and fall from a car ladder to the ground, he would land on level ground and be less likely to suffer injury. ”