Dubs ex rel. Dubs v. Northern Pacific Railway Co.

This is an appeal from a judgment entered upon a special verdict in the district court of Grant county in the sixth judicial district, and from an order denying defendant’s and appellant’s motion for judgment notwithstanding the verdict or for a new trial.

The grounds of the motion are, • in substance, that the plaintiff, Edmund Dubs, was a trespasser on the right of way; that the evidence of plaintiff’s own witnesses shows that the boy was not discovered upon the track in a place of danger until the train was within 40 feet of him and that after such discovery every precaution was taken to *168avo…