Charles Evans Whittaker

“ I submit that the simple facts recited do not show even a 'scintilla' or an 'iota' of evidence, to say nothing of any substantial evidence, of negligence by respondent. Instead, I insist, they affirmatively show that it was petitioner's own act in turning the cart at such an angle as brought its south end into collision with the moving train that was exclusively 'the cause of the injury.' Ibid.
To hold that these facts are sufficient to make a jury case of negligence under the Act is in practical effect to say that a railroad is an insurer of its employees. Such is not the law. ”

“ Petitioner, who was employed by respondent as a baggage handler, was on this platform for the purpose of transporting baggage from the incoming train. He was using a hand cart, referred to in the evidence as a 'flat wagon,' which was 14 feet 8 inches long (including the handlebars at either end) , 3 feet 8 inches wide, and supported in the center by an axle riding on two 26-inch wheels, operating both as a fulcrum and a pivot. ”