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

Taylor, C.

Plaintiff recovered a verdict for personal injuries. Defendant made a motion for judgment notwithstanding the verdict. Plaintiff made a motion for a new trial. Both motions were denied and judgment was entered. Defendant appealed from the judgment. Plaintiff appealed from the order denying his motion for a new trial. The question presented on plaintiff’s appeal is whether the court erred in instructing the jury that the federal safety appliance act did not apply in this case.

The accident happened in what is known as the heavy repair yard of defendant in the city of Milwaukee,…