the lower level being 5 ft. 6 in. above the floor. The step down to the lower level was thus 9 inches. The Diesel engines which were owned and operated by the defendant railroad were equipped with a safety rail or guard rail at the exterior edge of the catwalk at about 3 feet above the surface of the catwalk. On the day in question, Dox was working upon a Diesel engine which had recently been rented by the railroad from the U. S. Army and which had no guard or safety rail on the outer edge of its catwalk. Instead of that, this particular Diesel engine had attached to the side of the engine, and near the roof, at a height of 6 feet above the runningboard, a pipe handrail which bent sharply downward at the step down from the upper to the lower level of the catwalk. As Dox was stepping down to the lower level of the catwalk, he lost his grip on the overhead handrail and fell down to the concrete engine floor below, thereby sustaining the injuries for which this action was brought.


11
On the issue of negligence, the trial court charged the jury, in terms which were satisfactory to the defendant, as follows:


12
"The plaintiff says that he was injured through the failure of the railroad to exercise due care, specifically by failing to provide him with a safe place to work. It is the duty of the railroad company, under the Federal Employers' Liability Act, to supply to railroad employees