New York, Chicago & St. Louis Railroad v. Peele

Action for damages for personal injuries sustained by appellee while employed by appellant as yard conductor in switching cars, such injuries alleged to have been caused by the negligence of appellant in placing its tracks with insufficient clearance.

To the complaint appellant filed answer in general denial and an affirmative answer pleading assumption of risk. Reply in denial.

On the trial before a jury, a verdict was returned in favor of appellee for $7,500. Appellant filed motion for a new trial which was overruled, and judgment was rendered on the verdict.

Appellant has assigned as error…