Hayes v. Chicago, Burlington & Quincy Railway Co.

Plaintiff appeals from a judgment for defendant, dismissing plaintiff’s action at the close of the evidence.

Thomas Hayes, of Rulo, Nebraska, had long been a section-foreman on ten miles of defendant’s road extending about seven miles in Nebraska, east of Rulo, and about three miles farther east in Missouri. He was killed in an accident while on duty and operating a track motor-car, returning from work on the Missouri end of the section at about midday. This car was of the conventional modern type used by section-gangs. It had two wheels on each side, was about seven feet long-, did not extend…