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

This is an appeal from a judgment in the plaintiff’s favor,, and from an order denying defendant’s motion for a new trial.

The material facts of the case, in so far as it is necessary to state them here, are as follows: On the 23d day of June, 1920, plaintiff was a passenger, with a drover’s pass, upon a certain freight train, consisting, of 32 cars, aside from the caboose. About three miles from Tulare, S. D., 8 cars of the train left the track. The first car to leave was a large gondola car. It was the ninth car from the engine. It and the 7 cars immediately following were the only ones that…