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

Olsen, C.

Appeal by defendant from an order denying its alternative motion for judgment or a new trial.

Defendant is a common carrier by railway, engaged in both interstate and intrastate transportation of passengers and freight. Plaintiff was employed as a brakeman or switchman in defendant’s yards at Dubuque, Iowa. He ivas injured there ivhile between two freight cars, engaged in opening by hand the coupler on one of these cars, and brings the action to recover for the personal injury sustained. He bases his action upon the federal safety appliance act and employers liability act, U. S. C.…