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

Dickinson, J.1

Action under the statute to recover damages for alleged negligence resulting in the death of the plaintiff’s intestate. At the trial, and upon the evidence presented on the part of the plaintiff, the court directed a nonsuit, upon the ground that the deceased was chargeable with contributory negligence. The following facts were shown by the evidence: The accident occurred in the day-time, upon a side track of the railroad, at Hastings. This track, running east and west, at the place of the injury runs under or through a trestle-work structure, extending from the river south,…