State ex rel. Spillman v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Shepherd, District Judge.

In this case the appellant complains because the district judge refused to issue an order in mandamus requiring the appellee, a railway company, to have and to use two brakemen on its mixed trains. Appellant insists that the law of Nebraska provides that each mixed train shall carry two brakemen, and assigns as the single error relied upon the *307failure of the trial court so to hold. The said court refused' to hold that the full crew statute applies to mixed trains, that is, trains carrying both freight cars and passenger cars.

It is probable, though we do not decide,…