Ayres v. Union Pac. R. Co.

PRATT, Justice.

This is an appeal from a judgment upon a directed verdict of no cause of action in a case founded upon the Federal Employers’ Liability Act, 45 U. S. C. A. § 51 et seq.

The following facts are not in any material dispute: The accident happened about 3:20 a. m., 23 November 1945 in the Cheyenne railroad yards. The tracks at the scene of the accident run in a general east and west direction. On the south of the group of tracks are two sets of tracks— Nos. 9 and 10. No. 9 runs almost east and west. No. 10 branches off from No. 9 slightly to the southwest. They are joined by a…