Merkouras v. Chicago, Burlington & Quincy Railroad

Button, J:

A judgment for the plaintiff in this case was reversed upon a former appeal. Merkouras v. Chicago, B. & Q. Co., 101 Neb. 717. Two judges dissented from the former opinion, and a third did not sit in the case. The gist of the former decision is expressed in the second and third paragraphs of the syllabus, which are as follows :

“A railroad company, in ordering the movements of its cars, would not anticipate that two men would engage in scuffling upon its track, especially so when the men were its employees, working in its switch-yards and momentarily expecting the approach of cars.

“A…