Shadduck v. Chicago, Milwaukee, St. Paul & Pacific Railroad

While traveling as a news agent upon a passenger train of appellant in the state of South Dakota, the train was derailed and appellee received the injuries of which he now complains. The train was one upon which he customarily traveled as such news agent between Sioux City, Iowa, and Aberdeen, South Dakota.

The issues, as discussed by counsel for appellant, present three propositions for our decision: First, was appellee, in a legal sense, a passenger on appellant’s train at the time the accident occurred and the injuries were received? Appellee was an employee of the Van Noy-Interstate…