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

(dissenting). — In my judgment the majority'' opinion draws a distinction which can not be logically maintained, and reaches a result not to be reconciled with our own holdings in numerous cases. It concedes the sufficiency of the showing to sustain the charge of negligence and the want of contributory negligence, and disposes of the appeal on the sole ground that said negligence was *742not “in any manner connected with the use and operation of the railway,” and is not therefore within the statutory exception to the rule which relieves the employer from liability for injuries resulting to -a…