McQueen v. Central Branch Union Pacific Railroad

*690The opinion of the court was delivered by

Horton, C. J.:

Action for personal injury. The court instructed the jury upon the facts proved upon the trial, that the plaintiff was not entitled to recover, and directed the jury to return a verdict for the company.

The principal question in this case is, whether the plaintiff was a passenger, or entitled to the rights of a passenger, at the time of his injury. The facts are substantially these: The plaintiff, on June 6, 1878, was, and for a year prior thereto had been, in the employ of the railroad company, painting depots, bridges, tanks and…