Kulp v. Chicago, St. P., M. & O. Ry. Co.

VAN VALKENBURGH, Circuit Judge.

Appellant sues to recover damages for the death of Harry Rice Kulp, sustained while in the employ, as a freight brakeman, of appellee, Chicago, St. Paul, Minneapolis & Omaha Railway Company, generally referred to as the “Omaha.” Herein the parties will be designated as in the trial court.

At about 8 p. m. July 19, 1933, defendant’s extra freight train No. 394 left Mankato, Minn., eastbound for Minneapolis. Its route lay successively through the following points which will be hereinafter mentioned: Merriam Junction, Chaska, Chaska Hill, Eden Prairie, Hopkins,.…