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

Pee OuRiAM.

The decision of this case upon the former appeal is reported in 45 N. D. 251, 177 N. W. 107. The facts are briefly stated in the opinion of the majority, in the specially concurring opinion of Justice Robinson and with especial fullness in the dissenting opinion of Justice Christianson, in which Justice Birdzell concurred. We deem it unnecessary to restate all the facts here. The record on this appeal contains substantially the same testimony as appears in the record on the former appeal, except for some changes in the testimony of defendant Frantz, made, as he now claims, to…