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Beems (P) was a brakeman working for Chicago, Rock Island & Peoria R.R. Co. (D). P was trying to uncouple railroad cars. When he first tried, he thought the train was going too fast, so he requested the operator to check his speed. P then went right back to work under the impression that the operator would slow down. P got his foot caught in the rails and was killed. P's estate sued for damages. The trial judge instructed the jury that if P's foot was caught and run over without any negligence by D, then they could not find for P. The jury returned a verdict for P. D appealed because he was refused an instruction which said that if P got his foot caught, D is not liable even if there was negligence.

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