Dubs Ex Rel. Dubs v. Northern Pacific Railway Co.

Pee Curiam.

This is an appeal from a judgment in favor of the plaintiff and from an order denying the defendant’s motion for a judgment notwithstanding the verdict for a new trial. The action is one to recover damages for personal injuries sustained by the plain tiff on July 5, 1912, through being run over by one of the defendant’s locomotives near the village of New Leipzig. The plaintiff at that time was a boy about nine years of age, and while engaged in herding cattle on the day in question was playing or resting upon the railroad track same distance west of the village. He had a dog for a…