Sherman Minton

“ Even if the dome running board be properly characterized as a running board, respondent contends that, since § 2 refers to 'cars requiring * * * secure running boards,' the Commission's failure to standardize dome running boards under § 3 constitutes an administrative determination that they are not required within the meaning of § 2. The purpose of § 3 was to provide uniformity in the location and characteristics of those appliances upon which railroad men, working 'always, in haste, and often in darkness and storm,' must 'instinctively' rely in the hazards of their employment. ”

“ But a railroad man of over twenty-five years' experience testified that it also may be used to stand on in order to pass hand signals or repair minor troubles occurring while the train is en route. The dome running board is an integrated part of the exterior equipment of a tank car ”

“ Petitioner brought suit in the District Court, alleging in one count of his amended complaint absolute liability for a violation of the Act and in a second count common-law negligence. The jury returned a general verdict in his favor. ”