Scheiber v. Chicago, St. Raul, Minneapolis & Omaha Railway Co.

START, C. J.2

This is a personal injury case, wherein the plaintiff seeks to recover for injuries sustained by him by reason of the alleged negligence of defendant in the management of its railway train upon which he was a passenger. The trial court, at the close of the evidence, instructed the jury to return a verdict for the defendant, and it was so returned. To this instruction the plaintiff excepted, and from an order denying his motion for a new trial he prosecutes this appeal.

Under the evidence, the question of the defendant’s negligence in the premises was one of fact for the jury, and…