Durst v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Taylor, C.

This action is brought under the federal employers liability act to recover for injuries claimed to have been sustained by reason of a violation of the federal safety appliance act. The jury found for plaintiff and defendant appealed from an order denying its alternative motion for judgment non obstante or a new trial.

Plaintiff was the conductor on one of defendant’s freight trains and was engaged in interstate commerce. His run was from Milwaukee, Wisconsin, to Fond du Lac in the same state. On January 31, 1921, plaintiff with a train of between 50 and 60 cars and the usual crew…