Nadeau v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Plaintiff recovered a verdict in a suit under the federal employers liability act, and this is an appeal from an order denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial.

*112Plaintiff was a section hand in defendant’s employ in November, 1927. On the 19th of that month he and Voss, his foreman, were engaged in piling tamarack ties near the stockyards at Tenney, a station on defendant’s line in this state. At this point the defendant’s track runs east and west, and the ties were being piled on the north side at a convenient distance from the track.…