Bersie v. Chicago, Milwaukee & St. Paul Railway Co.

The defendant in argument in reply adds assignments of error, and there argues them. These additional assignments are in no wise made or argued in chief. They were therefore waived. Bule 30. The plaintiff, as is his right, has disregarded them.

The only assignments of error in chief are to the refusal to direct a verdict on the ground, first, that no negligence on the part of the defendant was shown, and second, that plaintiff was guilty of contributory negligence.

Plaintiff was taking a car of stock to Montana over one of defendant’s lines running through Hastings, Minnesota, and Minnesota…