Nealis v. Chicago, Rock Island & Pacific Railway Co.

Appeal from a judgment in favor of defendant entered after its motion for judgment notwithstanding a verdict for $15,750 was granted. '

Plaintiff’s intestate was a switchman in the service of defendant. He was standing on the sill at the front end of a loaded gondola car which was being moved by gravity. His duty was to control the movement by the hand brake and stop the car at the proper place. He was seen near the brake staff and a moment later in his fatal fall under the wheels. After the accident the brake was found to be partially wound up.

The brake staff was bent about two inches above…