Gartner v. Chicago & Northwestern Railway Co.

This is an action for personal injuries in which defendant had judgment of dismissal on a directed verdict. Plaintiff appeals.

Plaintiff, accompanying a car of hogs as caretaker, was riding in one of defendant’s freight trains. In the night season, when the train had stopped, plaintiff, assuming that the train was at a station, attempted to alight for the purpose of looking after his live stock. Because of engine trouble, the train had stopped between stations, the caboose being on a bridge over a stream. Plaintiff, in stepping from the caboose, and being unaware that it was on a bridge, fell…