Natalino v. St. Paul Bridge & Terminal Railway Co.

OLSEN, Justice.

Appeal by plaintiff from an order setting aside the verdict in his favor and ordering judgment in favor of defendant. The action is one to recover damages for personal injury.

Plaintiff was in the employ of defendant as'a section man or track man on its railway tracks and yards at and near South St. Paul. On March 15, 1932, a crew of three men, consisting of plaintiff and one other section man and the section foreman or boss, were engaged in taking up the rails on one of defendant’s side tracks for the purpose of moving the rails to make a wider gauge. Tools for this purpose…