Patterson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

The following opinion was filed October 8, 1940 :

Fritz, J.

On this appeal defendant relies on several assignments of error, including error in the denial of its motions for a directed verdict and for judgment notwithstanding the verdict on several grounds. In order to pass upon the errors assigned in these two respects, it suffices to note but the following facts. Plaintiff was injured at 2 :25 o’clock a. m. on September 5, 1937, upon being struck by a switch engine operated by defendant’s employees while he was walking northward across the main track for eastbound trains at defendant’s…