Joseph McKenna

“ Negligence in operating the train is charged. Omission to equip the locomotive with the appliances required by law is also charged. To sustain the latter, it is alleged that at the rear of the tender there is a sheet-iron flange that extends up above the top thereof at an angle of about 60 degrees; the ladder on the rear of the tender does not come up and over the top of the flange, so that a person going from the top of the tender over the flange and down on the ladder has no handhold or other thing to securely hold himself, except to clamp his hands on the sheet-iron flange. ”

“ We repeat the provision:
'All cars * * * having ladders shall also be equipped with secure handholds or grabirons on their roofs [italics ours] at the tops [italics ours] of such ladders.'
It is cars therefore which must have handholders or grabirons on their roofs at the tops of such ladders. The section distinguishes between roofs and tops, they do not designate the same thing. And the distinction is natural. This reasoning is not giving exaggeration to verbal differences-defeating purpose. It is made necessary to accomplish the legislative purpose. ”