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

Action to recover for personal injuries which the plaintiff claims to have sustained while in the employ of the defendant, as a head brakeman on one of its freight trains in the state of Wisconsin. There was a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed. This action was brought under the Federal Employers Liability Act. Plaintiff bases his motion for a new trial on the ground that the trial court erred in holding that he was not engaged in interstate commerce at the time of his injury, and in failing to submit the case to the *61jury under…