Pullen v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Taylor, C.

This action was brought under the federal employers liability act to recover for the death of Wayne Pullen alleged to have been caused by the negligence of defendant. The trial court directed a verdict for defendant on the ground that no negligence had been proved. Plaintiff appealed from an order denying a new trial.-

On April 12, 1928, a freight train of 60 or more cars left Mobridge, South Dakota, for Marmarth, North Dakota, and reached its destination a little after midnight. Wayne Pullen was rear brakeman on this train and rode in the caboose attached to the rear of the train.…