Koch v. Chicago & N. W. Ry. Co.

SWAIM, Circuit Judge.

This is an action to recover damages for personal injuries to the plaintiff, Louis W. Koch, suffered while he was unloading express packages and parcels from the defendant’s railroad car, which injuries were alleged to have been caused by the negligence of the defendant in so stopping its train and then in refusing to move it, which action and refusal to act resulted in the plaintiff being obliged to assume a dangerous position in which to work.

At the close of the plaintiff’s evidence and again at the close of all the evidence, the defendant moved for a directed verdict.…