That Act imposes upon the railroad the absolute duty to have all cars which it hauls or permits to be hauled or used on its line equipped with secure and adequate grab irons or handholds at the ends and sides of each car. This statute does not apply to a carman such as the plaintiff who is working in a secured, Blue Flag, Rip track. Bielicke argues on appeal that this instruction was properly given to cure any error caused by Terminal's evidence which indicated that Bielicke was prohibited from climbing on a car without adequate safety appliances. Moreover, Bielicke contends that because the jury was adequately charged by other jury instructions on the issue of contributory negligence, the instructions as a whole were sufficiently clear and did not mislead the jury but fairly and correctly stated the law. Terminal also argues that the instruction misled the jury because defendant was entitled to offer evidence of contributory negligence under the Federal Employers' Liability Act.
Every party has the right to have the jury instructed fairly and correctly.
An instruction may be given only when evidence exists to support the theory of the instruction. 73 Ill. App. It is error to give an instruction not based on the evidence. An instruction is justified if it is supported by some evidence in the record, and the trial court has discretion in deciding which issues are raised by the evidence. 232 Ill. App.