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

Taylor, C.

This is an action for personal injuries in which plaintiff had a verdict and defendant appeals from an order denying its alternative motion for judgment notwithstanding the verdict or for a new trial.

Plaintiff was a pipe fitter in defendant’s shops at Austin, Minnesota, and at the time of the accident was engaged in repairing the air hose on a locomotive employed in interstate commerce. A Still-son or pipe wrench which he was using slipped, causing him to fall in such a manner that he sustained an injury to the lower part of, his spine. The teeth of the wrench had become worn and…