North Dakota v. Northern Pac. Ry. Co.

THOMAS, Circuit Judge.

Edward J. Hanish, an employee of the Noel Construction Company, a road building contractor, brought suit, as plaintiff, in the district court against the Northern Pacific Railway Company for damages for personal injuries caused by the alleged negligence of the defendant. The State of North Dakota appears as a party plaintiff to protect its right of subrogation pursuant to the Workmen’s Compensation Laws of that state. R.C.1943, 65-0101 et seq. At the conclusion of plaintiff’s case the defendant moved the court to direct a verdict in its favor on two grounds, viz., (1)…