I concur in affirmance, and in the opinion except that part of it which rules upon the application of the Safety Appliance Act when the brake system is operated by-the conductor. I think Rule 51, Fed.R.Civ.P., makes it unnecessary for us to consider that question.
PROCTOR, Circuit Judge, dissents except as to the conclusion of Judge Fahy that the questioned instruction should be reviewed notwithstanding Rule 51 of the Federal Rules of Civil Procedure.