Albertson v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Matson, Justice.

Appeal from an order denying defendant’s motion for judgment notwithstanding the verdict or a new trial.

Plaintiff, the head brakeman on defendant’s freight train, was injured on November 19, 1951, at Linby, Iowa, while he was in the act of removing company mail and a switch light from the cab of the locomotive. Defendant operated a way freight train between Nahant and Ottumwa, Iowa, and for about two years prior to the time of the accident, it had been customary to carry company mail on the train for delivery to intermediate stations. Usually upon leaving Nahant the mail was…