Chicago & N. W. Ry. Co. v. Kelly

SANBORN, Circuit Judge.

On October 24, 1932, at about half past four in the morning, at Carroll, Iowa, Paul C. Kelly, the appellee (plaintiff), a brakeman in the employ of the appellant (defendant), was injured when the wheels of a tank car ran over his left leg, requiring its amputation 8 or 9 inches below the knee. The car was included in a freight train moving in interstate commerce, and was the.fourth car behind the locomotive. The train left Council Bluffs, Iowa, at about 1 :T5 a. m. October 24, 1932, for Boone, Iowa. At its point of origin, the train consisted of about 20 cars. Its first…