Swigart v. Chicago & N. W. Ry. Co.

DUFFY, Circuit Judge.

Claiming negligence by the defendant in the manner of its operation of a suburban train, plaintiff brought this action to recover damages for personal injuries sustained by him. The jury rendered a verdict favorable to plaintiff. Defendant moved for judgment notwithstanding the verdict. The trial court set aside the verdict of the jury and rendered judgment for defendant, from which judgment plaintiff brings this appeal.

On August 30, 1947, suburban train 468 was made up of a steam locomotive and tender, and three cars. Next to the tender was a combination baggage and…