Worth v. Chicago, M. & St. P. Ry. Co.

Shiras, District Judge.

The plaintiff herein was a passenger upon a train upon defendant’s road, going eastward from Council Bluffs, Iowa, *172and which was derailed at the point where the track crosses the Coon river; and this action was brought to recover for the injuries caused thereby to the person of plaintiff. The fact of the derailment of the train was not disputed, the company claiming, however, that such derailment was due,'not to any negligence on its part, but to the fact that a tie was placed by some third person or persons in a frog upon the track, for the purpose of wrecking the…