Sullivan v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Birdzell, Ch. J.

This is an appeal from a judgment and from an order denying the defendant’s motion for judgment non obstante or for a new trial in an action to recover damages for personal injuries. The action is brought under the Federal Employers’ Liability Act. The facts are that in May, 1925, one of the defendant’s work trains was engaged in unloading steel rails in the vicinity of Donnybrook, North Dakota. On May 5th these operations were in progress west of this station. At this time the plaintiff was a member of a section crew at Carpió, a station nine miles east of Donnybrook. This…