Schwer v. New York, Chicago & St. Louis Rd. Co.

Defendant’s first assignment of error in this court is that there was “error in admitting into evidence oral and documentary proof relating to the safety rules of other railroads.”

There is substantial evidence in the record tending to prove that decedent, while engaged in his employment by the defendant as a member of a switchyard crew, met his death in an unsuccessful attempt to mount (that is to get onto) the stepboard upon the leading end of a locomotive (in this instance the rear of the tender) while it was in motion.

The second amended petition alleges in part that “defendant was * * *…